DATE: Friday, August 1, 1997                TAG: 9708010739

SECTION: LOCAL                   PAGE: B5   EDITION: FINAL 

SOURCE: BY JOHN-HENRY DOUCETTE, STAFF WRITER 

DATELINE: HAMPTON                           LENGTH:   68 lines

NISSAN ATTORNEY ABSENT, CRUMPLER HEARING IS HALTED

Embattled auto dealer Bob Crumpler had a timely realization while lunching at McDonald's on Thursday.

It came during a recess in the ongoing Department of Motor Vehicles hearing which will help determine whether Crumpler can keep his Newport News Nissan dealership.

Between bites of salad, Crumpler wondered aloud to his attorney why Nissan had no local counsel present this week. Nissan's lead counsel is James A. Mollica Jr. of Pennsylvania.

When the hearing reconvened and Crumpler's attorney, Bill Lehner, raised the question, hearing officer Ann K. Sullivan halted the proceedings and kicked out observers for a closed-door meeting.

At issue now is whether this week's 3 1/2 days of testimony will be thrown out because Nissan's Virginia counsel, Robert McFarland, wasn't there.

The Norfolk attorney is on vacation, according to his office.

It's the latest twist in the case of Crumpler, the auto dealer who was caught on videotape in December using a racial epithet to refer to an employee at his James City County trailer park.

When Nissan, embarrassed by the incident, tried to yank his dealership, Crumper appealed to the DMV, which granted him a hearing.

Crumpler wants to keep selling Nissans, as he has done for 25 years.

But the Japanese auto giant has charged that his sales are low and that he has committed warranty fraud and mistreated Nissan employees and customers. Nissan presented many charts and graphs and expert witnesses this week.

So did Crumpler. For two days this week, he also testified emotionally about his career in auto sales.

After Thursday's closed-door session, attorney Doug Miller, who practices with McFarland, showed up to represent Nissan.

Miller listened as Mollica asked all the questions to Nissan regional vice president Thomas Center, who did not have a lot of good things to say about Crumpler.

Nissan, Center said, ``took a hit in the market'' after the videotape of Crumpler started making regular TV appearances.

Lehner said after Thursday's testimony that he had an obligation to bring McFarland's absence to Sullivan's attention.

Mollica, however, was not happy.

``Bill makes me really angry,'' he said. ``After sitting there for four days . . .''

He stopped for a moment.

``This is an amateur's attempt,'' he said, though he would not explain at what.

Mollica said he told Lehner and Crumpler last week that McFarland would not be present. He said he believed they had an understanding.

``If something can be cured,'' he explained, ``then you raise it.''

Mollica noted that Crumpler's side had the three previous days to question why McFarland was not sitting at the table across from them.

Mollica left to catch a plane back to the Keystone State.

In the parking lot outside the DMV, Bob Crumpler offered a few post-hearing words.

``If you ask me,'' he said, ``all these proceedings are illegal. It's illegal. If it goes to court, it'll all have to be thrown out.''

Crumpler said he noticed McFarland wasn't there when proceedings kicked off Monday.

``I would have brought it up then, but I thought he was just running late.''

Three days late?

``Well, I forgot about it after that.''

The hearing will reconvene Wednesday at the DMV office in Hampton.

Robert McFarland is expected to attend. KEYWORDS: HEARING RACISM DMV NISSAN BOB CRUMPLER

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