ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, June 19, 1996 TAG: 9606190055
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: RICHMOND
SOURCE: DAVID M. POOLE STAFF WRITER
COLLEAGUES QUESTION if the scandal will jeopardize the re-election chances of the Suffolk lawmaker. Del. Robert Nelms of Suffolk pleaded guilty Tuesday to exposing himself in a Richmond park that has a reputation as a site where gay men seek anonymous sex.
By pleading guilty, Nelms suppressed police testimony that could have contradicted his account that he did nothing more than relieve himself while exercising near Byrd Park.
An undercover vice officer who confronted Nelms on Feb. 15 was never called to the witness stand during a 21/2-minute hearing in Richmond Circuit Court.
Nelms, 36, was fined $50, given a 30-day suspended jail term and ordered to stay out of Richmond city parks.
As he left the courthouse, the three-term Republican forced a smile and clutched the hand of his wife, Diane. He refused to explain his guilty plea to the indecent exposure charge that he had condemned as "frivolous and baseless."
His attorney, James Roberts of Richmond, read this brief statement to reporters: "Del. Nelms and his wife recently came to the conclusion that the appropriate way to put his matter behind them is what they have done today. This has been a source of great stress and great pain for the family. Thus, neither Del. Nelms nor I will make any further comment."
The misdemeanor conviction increases the chances that Nelms will face Democratic opposition when he stands for re-election in November 1997.
A Republican official who attended the court hearing said there is plenty of time for Nelms to make amends with voters in the 76th District, which includes parts of Chesapeake, Suffolk and Isle of Wight County.
"This is something that just has to be played out in Suffolk," said Scott Leake, executive director of the Joint Republican Legislative Caucus.
An informal survey Tuesday of two dozen shoppers at a Suffolk Wal-Mart indicated many constituents may be forgiving.
"I'm uneasy about it," said Nancy Damon, a Suffolk resident. "You know, he said he was innocent all along, and at that press conference he held, and now he's pleading guilty. What is that, you know?
"But I don't know, sometimes I think the ones with the personal problems may be real effective legislators. I might support him anyway.''
Suffolk resident James Koziana chuckled and said, "Obviously it could have an impact. I don't know what that would be yet. I personally don't understand what he was doing in a public park. I question why someone making our laws would do something like that."
However, Koziana said that if Nelms runs again, he would have to see who's running against him before deciding how to vote.
The biggest threat to Nelms' political career could come from within the Republican Party. He still can count on most party officials, but some conservative activists have trouble squaring his arrest with his image as a family man.
"It's an embarrassment to the city of Suffolk, to have a delegate who's been convicted of this and who's been banned from the parks of Richmond," said Elaine Eppling, whose husband, David, ran for party chairman earlier this year.
"I would hope he would take some time to put his life and his family back together."
His guilty plea halted a four-month legal ordeal, which was prolonged by Nelms' attempt to beat the charge by evoking an old statute that gives state lawmakers limited immunity from prosecution.
In April, Nelms won a reprieve when a Richmond General District judge invalidated the original summons because lawmakers cannot be detained when the General Assembly is in session.
The victory was short-lived, however, when a Richmond grand jury reinstated the charge.
Nelms fought back with letters and interviews in which he portrayed himself as a victim of dishonest Richmond cops, overzealous prosecutors and a sensationalistic media. He vowed to fight the charge, claiming he passed a lie detector test that proved his innocence.
The counteroffensive backfired, however, because he drew attention to Byrd Park's reputation for illicit sex.
Some Republicans said they were relieved that Nelms ended the legal proceedings by pleading guilty.
"He should have done that from the start," said Kenneth Carpenter, Suffolk GOP chairman.
Because of the guilty plea, the full story of what Nelms did in the woods along the James River may never be told.
Circuit Judge Donald W. Lemons accepted the plea without asking vice officer Eric Tignor to testify or prosecutor Claire Cardwell to summarize what the evidence would have shown if the case had gone to trial.
Outside the courtroom, Cardwell explained that judges rarely ask for a summary of the evidence in misdemeanor cases where the defendant pleads guilty.
"From the beginning of the case, we've said that Mr. Nelms would be treated like any other citizen," she said. "I'm not going to talk about what the evidence would have been because that would be treating him differently than others."
Tignor also declined to talk with reporters.
But a top Richmond police official vowed the department would break its silence if Nelms makes any further statements questioning Tignor's honesty.
"You can call me back at that point, and we will defend our honor," deputy chief Fred Russell said.
Staff writer Robert Little and Tony Wharton of Landmark News Service contributed to this report.
LENGTH: Long : 106 lines ILLUSTRATION: PHOTO: Headshot of Nelms. Color.by CNB