THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, June 19, 1996 TAG: 9606190429
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY DAVID M. POOLE, STAFF WRITER
DATELINE: RICHMOND LENGTH: 85 lines
Del. Robert Nelms of Suffolk pleaded guilty Tuesday to exposing himself to an undercover vice officer in a Richmond park.
By pleading guilty, Nelms avoided police testimony that could have contradicted his account that he did nothing more than relieve himself while exercising near Byrd Park.
Eric Tignor, the officer who confronted Nelms on Feb. 15, was never called to the witness stand during a 2 1/2-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 would not 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 statement to reporters: ``Delegate Nelms and his wife recently came to the conclusion that the appropriate way to put this 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 Delegate Nelms nor I will make any further comment.''
The misdemeanor conviction increases the chances that Nelms will face Democratic opposition when he runs for re-election in November 1997, Democratic leaders said.
Interviews Tuesday with two dozen shoppers at a Suffolk Wal-Mart indicated that some 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.''
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 archaic 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.
A Richmond grand jury later 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 sensationalistic media. He vowed to fight the charge, claiming that he passed a lie detector test that proved his innocence.
The counter-offensive backfired, however, because he drew attention to Byrd Park's reputation as a gathering spot for gay men. 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.
Circuit Judge Donald W. Lemons accepted Nelms' plea without asking 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.
Tignor also declined to talk with reporters.
But a top Richmond police official vowed that 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. MEMO: Staff writers Robert Little and Tony Wharton contributed to this
report. ILLUSTRATION: Photo
As part of his sentence, Del. Robert Nelms was ordered to stay out
of Richmond parks.
KEYWORDS: INDECENT EXPOSURE ARREST TRIAL
VERDICT by CNB