THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, June 18, 1996 TAG: 9606180343
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY ROBERT LITTLE AND DAVID M. POOLE, STAFF WRITERS
DATELINE: RICHMOND LENGTH: 34 lines
Del. Robert E. Nelms of Suffolk is expected to plead guilty today to exposing himself to an undercover vice officer in a public park, a Norfolk television station reported Monday.
By pleading guilty, Nelms could ensure that the vice officer who arrested him never testifies in open court about the Feb. 15 incident.
Neither Nelms nor his attorney could be reached Monday to comment on a report by WAVY-TV, Channel 10.
A guilty plea would mark a reversal for Nelms, who last month pleaded not guilty and said he looked forward to a full vindication in court.
The three-term Republican has said he was discreetly relieving himself in the woods during a break in his General Assembly duties. He was cited by an undercover vice officer working an area near Byrd Park known as a gathering spot for homosexuals.
Police have refused to discuss the arrest, or to release documents detailing why Nelms was not charged with the lesser crime of urinating in public. Prosecutors, while also refusing to discuss details of the case, have maintained that indecent exposure is an appropriate charge.
A guilty plea would leave it to the judge to decide if the undercover officer will testify or the prosecution will summarize the evidence before accepting the plea.
The maximum penalty for indecent exposure is up to 12 months in jail and a $2,500 fine, though most offenders get much lighter sentences.
Nelms' trial was postponed in April after he claimed legislative immunity. A grand jury later reinstated the misdemeanor charge.
KEYWORDS: INDECENT EXPOSURE ARREST TRIAL by CNB