THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Thursday, January 5, 1995              TAG: 9501050398
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SOURCE: BY ELIZABETH THIEL, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Short :   41 lines

JUDGE DELAYS DECISION ON REQUEST TO ACQUIT BEACH BOARD MEMBER

School Board member Charles W. Vincent, under indictment for violating a state ethics code, probably will get no reprieve from trial.

Circuit Court Judge Thomas Shadrick has postponed until next Tuesday, the day of the trial, a ruling on a request made by Vincent's attorney to dismiss the charges.

That probably means Shadrick intends not to dismiss the case, said Commonwealth's Attorney Robert Humphreys.

Vincent's attorney, Andrew Sacks, said, ``We are continuing to prepare for trial, and, if the trial goes forward on the 10th, then we'll be ready for it.''

Vincent is accused of violating the state Public Procurement Act by soliciting campaign contributions from businesses seeking school construction contracts. The act regulates how public officials, or businesses acting on their behalf, buy goods or services.

Under the law, public officials are prohibited from requesting or accepting gifts or money from businesses seeking public contracts.

But Sacks argued in a hearing last month 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, he argued, the law should be ruled unconstitutional and all charges against Vincent should be dismissed.

Vincent faces up to nine years in jail and $22,500 in fines if convicted of all charges. If found guilty of any of the charges, he automatically would lose his board seat. ILLUSTRATION: Photo

Charles W. Vincent is accused of violating the state Public

Procurement Act by soliciting campaign contributions.

by CNB