Probation for Novi Republican caught up in sidewalk sex bust

Wednesday, June 3, 2009

By SHAUN BYRON
Of The Oakland Press

NOVI, MI — The married Oakland County commissioner accused of indecent
exposure in what police reports indicate was a public sex act was given
two years to complete probation requirements by a judge.

*Republican* Kim Capello denied being nude when appeared before 52-1
District Judge Dennis Powers on allegations Novi police caught him in a
sexual encounter with 37-year-old Novi resident, Sheila Grogan, in April
in the downtown area.

When given a chance to withdraw his plea, Capello declined and accepted
his sentence.

If he completes the requirements within the two years, Capello's
attorney Michael Reeds said he would make a motion to have the charge
dismissed.

It will then be up to Powers whether Capello has the indecent exposure
charge on his criminal record.

The probation is apart of Capello's plea, which was taken under
advisement during his arraignment and pretrial held in early May.

The scrutiny he and his family have faced since the incident has been
painful and humiliating, Capello told the court before he was sentenced.

“I was in the wrong place at the wrong time,” he said, denying some of
the information in Novi police reports.

Novi officers maintain it was about 2 a.m. April 18 when an initial
complaint about two people, believed to be nude, were on the sidewalk
along Pennsylvania Avenue, near a parking lot.

That complaint was later clarified when a homeowner in the area called
police to report a woman was sitting on a brick wall, about three feet
in height, engaged in a sexual act with a man.

Police reports have stated neither person was wearing any clothing when
they arrived at the scene.

During the hearing, Capello denied being nude, saying he feels the
officer was mistaken.

Powers asked if he wasn't nude, then why was he pleading guilty, saying
there is nothing illegal about a man not wearing a shirt.

Capello then admitted he was in a “state of undress,” but didn't clarify
his statement.

Powers said he was reluctant to accept a plea if Capello felt he was
being wrongly accused.

The judge then inquired if Capello was urinating in public, which the
county commissioner said he was.

Before anything more was said, Reeds asked to meet privately at the
bench with Powers.

Reeds then walked back to his client a few minutes later and stated that
Capello's genitals were exposed during the incident.

Prior to Powers giving Capello his probation guidelines, Reeds said his
client is very remorseful for what has taken place and cited his years
of dedication to public service.

He also stated Capello has been in outpatient treatment since May at
Brighton Hospital in Brighton for an alcohol addiciton.

Capello has three previous drunken driving convictions from 1972, 1982
and 1993.

“I understand that the history of community service doesn't allow
someone to break the law,” Reeds said. “Judge ... I believe Mr. Capello
has accepted responsibility for his actions.”

Powers then sentenced Capello to the maximum allowed under probation
guidelines, saying the former Novi elected official and county
commissioner is held at a higher standard than others.

He is required to take part in standard alcohol and drug testing,
successfully complete an outpatient alcohol program, complete 50 hours
of community service and pay fines.

Powers also took away Capello's privileges as an attorney at 52-1
District Court, not allowing him in areas of the building not open to
the public during his probation.

“I truly hope you use this as a way to change your life,” he told Capello.

Following the hearing, Reeds declined to comment on his client stating
the police report was wrong.

Capello's wife, Jodi Capello, gave written statements to reporters,
denying her husband had been engaged in a sexual act.

The statement said her husband is guilty of making a poor decision that
has hurt her and her family.

Leaving court, Kim Capello declined to answer questions or to clarify
what had happened night.

- - -

Noteworthy only because it is Republicans who want everyone to live by
their family values, except...they don't have any.

On Thu, 04 Jun 2009 15:34:59 -0400, HK wrote:

“I was in the wrong place at the wrong time,” he said, denying some of
the information in Novi police reports.

Right.

As if there's a right time and place for cheating on your wife.

Having sex on a public sidewalk? Friggin idiot.

On Jun 4, 2:34*pm, HK wrote:


Noteworthy only because it is Republicans who want everyone to live by
their family values, except...they don't have any.

Sweet Krausie. Your "family values" are the reason your children have
disowned you.

GC Boater wrote:
On Jun 4, 2:34 pm, HK wrote:

Noteworthy only because it is Republicans who want everyone to live by
their family values, except...they don't have any.

Sweet Krausie. Your "family values" are the reason your children have
disowned you.

Worse yet. His wife is shunning him. Try to find her name linked to his,
anywhere. Bet you can't.

On Jun 4, 9:12*pm, jim78 wrote:
GC Boater wrote:
On Jun 4, 2:34 pm, HK wrote:

Noteworthy only because it is Republicans who want everyone to live by
their family values, except...they don't have any.

Sweet Krausie. Your "family values" are the reason your children have
disowned you.

Worse yet. His wife is shunning him. Try to find her name linked to his,
anywhere. Bet you can't.

Poor lady, I can't blame her. Having somebody as unstable as our boy
on a real estate deed as joint owner, for example, would be awfully
risky.