A man whose DNA matches evidence from a 2006 rape of a woman in Downers Grove appeared in court Monday where a judge said he could have more time to prepare a motion to drop the charges against him.

Larry Barrett, 23, filed a federal lawsuit last week claiming that three jail officials illegally took his toothbrush for a DNA sample at the request of Downers Grove detectives.

Barrett, who was jailed on an unrelated charge at the Jefferson County Jail in Mt. Vernon, filed a federal lawsuit July 21 saying his rights were violated because officials conducted the search without a warrant.

DuPage Circuit Judge Blanche Hill Fawell scheduled a hearing for Monday, Aug. 11, in order to give Barrett and his attorney time to prepare a motion to toss out his arrest, assistant state’s attorney Nancy Wolfe said.

In addition to that motion, on June 30, Barrett filed another motion asking the court to order the DuPage County public defender’s office to provide him with copies of documents relating to the case. He argues in the four-page court document that he can’t properly decide how to plead or whether to go to trial without personally seeing all the evidence against him.

Downers Grove Police Sgt. Dave Bormann confirmed Friday the DNA taken from Barrett’s toothbrush matched the DNA found at the scene of a sex crime on Oct. 9, 2006.

At a hearing Dec. 17, DuPage Circuit Judge Michael Burke denied Barrett’s motion to exclude the DNA obtained from the toothbrush as evidence in the case.

Barrett is seeking unspecified damages.

Jefferson County Sheriff Roger Mulch said he could not comment on the case.

“Unfortunately, since Mr. Barrett has filed lawsuits against my personnel then he has filed suit against me as sheriff,” Mulch said. “This matter is a subject of litigation. At the advice of my counsel, I am sorry to say, I am not at liberty to discuss this matter.”

Barrett, whose last known address is in Summit, now faces 30 criminal counts in connection with the sexual assault of a 29-year-old woman after he forced his way inside the Autumn Grove apartment complex, 2110 Prentiss Drive. Bormann said Barrett didn’t know the woman.

Barrett pushed the woman down onto her couch and repeatedly raped her, choking her and covering her face with a pillow, according to the 30-count indictment.

According to the lawsuit, Barrett said he was asked to volunteer his DNA by detectives from the Downers Grove Police Department on Nov. 28, 2006, but he refused.

On Nov. 29 and 30, Downers Grove detectives asked a jail official obtain items that could contain Barrett’s DNA suggesting a toothbrush, razor or silverware, according to court documents.

On Nov. 30, three jail officials conducted a “shakedown” of Barrett’s cell and seized Barrett’s toothbrush, according to the lawsuit.

Paul Darrah, spokesman for the DuPage County State’s Attorney’s Office, said Barrett now is charged with multiple counts of aggravated criminal sexual assault, criminal sexual assault, criminal sexual abuse, home invasion and residential burglary. Barrett has been transferred to DuPage County Jail and is being held on $100,000 cash bail.

According to the lawsuit, Barrett claims his fourth and fifth amendment rights were violated because the “toothbrush was seized to further a criminal investigation and not to further the institutional security.” In the document, Barrett also states that he was “compelled to give evidence against himself.”

— Dan Petrella contributed to this report.