THE VIRGINIAN-PILOT 
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Thursday, December 22, 1994            TAG: 9412220551
SECTION: LOCAL                    PAGE: B9   EDITION: FINAL 
SOURCE: BY ELIZABETH THIEL, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Short :   40 lines

JUDGE REFUSES TO DISMISS CASE AGAINST SCHOOL BOARD MEMBER

School Board member Charles W. Vincent's hopes for a speedy end to criminal charges against him were dashed Wednesday, when Circuit Judge Thomas Shadrick refused to dismiss the case outright.

Shadrick instead postponed a ruling until next month on one of Vincent's claims, that the law under which he was indicted is unconstitutional.

``I would have naturally preferred that a decision be made today,'' Vincent said. ``But I appreciate the fact that the judge is going to take it under advisement.''

The judge refused to throw out the indictments accusing Vincent of illegally soliciting campaign contributions from local architecture and construction firms that were seeking business with the school district.

Vincent said: ``The lifeblood of a politician is campaign contributions. Ollie North gets $20 million. I get nothing, and I get indicted for it?''

His attorney, Andrew Sacks, argued that the law under which Vincent is charged is vague and clashes with another state law that exempts campaign contributions from a list of banned activities. Therefore, Sacks said, it should be ruled unconstitutional.

Elected officials, he said, should not be expected to avoid all campaign contributions from businesses and others seeking to influence government policies.

``I think any number of people could find themselves in the same position'' as Vincent, Sacks said.

None of the firms Vincent solicited gave him money.

Shadrick warned that he would be reluctant to overturn state law.

``I think he sort of telegraphed his punch,'' said Commonwealth's Attorney Robert Humphreys.

Vincent is to be tried Jan. 10. by CNB