THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, April 9, 1996 TAG: 9604090339
SECTION: LOCAL PAGE: B7 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium: 51 lines
Del. Robert E. Nelms wants a judge to dismiss an indecent exposure charge on the grounds that the state Constitution gives lawmakers immunity from arrest during the General Assembly session.
Richmond police Detective E.B. Tignor arrested Nelms, R-Suffolk, on Feb. 15 on a misdemeanor charge of indecent exposure. The alleged incident took place in a Richmond city park during the General Assembly session, which ended March 11.
Under state law, lawmakers are immune from being arrested or from being taken into custody during a General Assembly session. Exceptions include acts of treason, felony offenses or breaches of public peace. The immunity is good five days before the session begins until five days after it is over.
``By taking Delegate Nelms into custody and issuing a summons on a charge of indecent exposure, Detective Tignor violated an essential constitutional and statutory privilege afforded Virginia's legislators,'' James C. Roberts, Nelms' lawyer, wrote in a motion made public Monday.
Deputy Commonwealth's Attorney Claire G. Cardwell said the request is ``probably a well-founded motion.'' But, ``It doesn't have any impact on our ability to prosecute. Even if the case gets dismissed, we can charge him again,'' Cardwell said.
Nelms' trial is scheduled for Wednesday in Richmond General District Court.
According to the motion filed Friday, Tignor took Nelms into custody and issued a summons even though Nelms informed Tignor he was a member of the General Assembly.
``This summons was issued under these circumstances in violation of the legislative immunity afforded by the constitution of Virginia,'' Roberts argued in the motion.
``Although Delegate Nelms was not physically restrained, officer Tignor told him he was under arrest and made it clear that Delegate Nelms could not leave . . . ,'' Roberts wrote. Tignor exercised custodial control over Nelms, he said.
Nelms, 36, is an environmental consultant. He has been a member of the House of Delegates since 1992.
Nelms has denied he did anything to warrant a charge of indecent exposure. He had stepped off a path near the James River to urinate when he was stopped by an undercover police officer, Nelms said. by CNB