ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, April 10, 1996 TAG: 9604100079
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
DATELINE: RICHMOND
SOURCE: DAVID M. POOLE STAFF WRITER
Suffolk Del. Robert Nelms' legal problems may not be over, even if his attorney succeeds in getting an indecent exposure warrant thrown out of court today.
Richmond prosecutors say they plan to refile the charge against Nelms to pass muster with the state constitution, which gives lawmakers immunity from arrest while the General Assembly is in session.
Nelms has been battling to regain his image as a pro-family Republican since his arrest in February in a Richmond city park known for illicit sexual activity.
Nelms, 36, has said he did nothing wrong - that he went to Byrd Park for some fresh air and stepped off a walking path to relieve himself.
His arrest has caused a stir back in Suffolk. Earlier this year, Nelms was mentioned as a possible GOP candidate for the 4th Congressional District seat. Now, some Republican leaders fret about his chances for re-election in 1997.
"I hope the best for him in this situation," said Kenny Carpenter, the newly elected chairman of the Suffolk Republican committee.
"Of course, in our system a man is innocent until proven guilty. But the perception of people is a different thing. I think he will have a tough time [with perceptions] either way - whether he is found guilty or innocent."
Nelms is scheduled to be tried today before substitute Judge Lemuel DeBerry in Richmond General District Court.
His attorney, James Roberts, will argue the Feb. 15 summons is invalid because Nelms had immunity from being arrested during General Assembly sessions.
Deputy Commonwealth's Attorney Claire Cardwell has said the request is "probably a well-founded motion," but would not block prosecutors from filing a new charge in the future.
Tuesday, Roberts said he hadn't decided whether to contest the commonwealth's right to refile charges.
Cardwell was assigned to the case after another prosecutor, Colette McEachin, removed herself because her husband serves with Nelms in the House of Delegates.
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