Oakland County Commissioner Kim Capello, addressing Judge Dennis N. Powers in Novi on Wednesday, was sentenced to 24 months probation for indecent exposure after being caught having sex with a woman outside a Novi bar. (David Coates /The Detroit News)
Kim Capello, R-Novi, entered a guilty plea on May 5 to the incident involving a 37-year-old woman, similarly charged. Capello, 56, who is married and has three children, appeared before Novi 52-1 District Judge Dennis Powers, who had taken the plea under advisement.
“As a county commissioner you are held to a higher standard,” said Powers, in sentencing Capello, a former Novi city councilman and mayor pro-tem. “I’m sure you realize the disappointment and loss of trust for your family, children and your constituents. I truly hope you will use this situation to get a new start in your life.”
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Capello’s attorney, Michael Reeds, said his client was “very, very remorseful.” Capello told Powers that he had been humiliated and embarrassed by the incident and that no sentence the judge could order would be worse than what he had already experienced by having the indiscretion made public.
Capello’s wife attended the hearing. At one point, he tried to explain the situation by claiming he was urinating in public, despite a police report that he was having sex on a sidewalk.
“I was not naked and did not have my clothes off and was not having sex with the young lady,” Capello said. “What started out as an act of good faith turned into something else.”
Indecent exposure is a misdemeanor which can carry up to 93 days in jail and a $500 fine. It is not unusual for judges to consider alternative sentences in non-violent crimes, especially involving first-time offenders.
A Novi police officer found Capello and the woman, Sheila Grogan, engaged in a consensual sex act on a 3-foot tall brick wall off Pennsylvania Avenue, part of a condominium complex adjacent to the parking lot of The Post Bar. The naked pair, whose clothes were lying on the ground next to them, told police they had been drinking prior to the incident. Grogan, who like Capello has been free on personal bond, is to return to court next month.
Capello, whose term expires in December 2010, told Powers he had voluntarily enrolled in an outpatient alcohol treatment program at Brighton Hospital on May 8. Under terms of his probation, Capello must submit to testing twice a week to determine whether he has been drinking in violation of the court order.
If after successfully completing all the conditions, Powers has the power to dismiss the offense.
Courtesy Detroit News
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Tags: Crimes, Politics & Politicians, Sex