ARLINGTON, Virginia — The trial for a transgender bathroom case in Virginia is now at a standstill after the judge decided to dismiss the loitering charges against Richard Cox, who is a registered child sex offender.
The Commonwealth Attorneys told Washington Examiner they were “pissed” about the judge’s decision and said that now, “the trial is basically frozen.”
Cox is facing a slew of charges in Virginia’s 17th Judicial Circuit Court, including indecent exposure, indecent liberties with a child, and loitering in relation to entering female locker rooms across Arlington County. Cox, who is a biological man, identifies as transgender and was able to enter these locker rooms because Arlington County policy allows people to use facilities that match their gender identity rather than their biological sex.
Witnesses claim a mother and her 7-year-old child saw Cox masturbating in the shower with the curtain open.
The Thursday afternoon hearing began with the bailiff informing Judge Daniel T. Lopez that Cox had refused to attend, shocking many in the courtroom. As there was no reason given for the defendant’s absence, Cox’s defense attorneys asked for a continuance.
“Cox is representing herself on many of these charges,” Cox’s public defender, Cameron Williams, argued, using Cox’s preferred pronouns.
But Deputy Commonwealth Attorney Nassir Aboreden argued to the judge that this was just another stunt from a defendant who has pulled several throughout the legal proceedings.
“We’ve also seen a pattern in his behavior in court that [Cox] has sometimes purposely delayed,” Aboreden said.
The judge agreed. He had previously signaled skepticism about Cox’s argument that a week was not enough time for him to prepare for his hearing.
“Court is clearly cognizant of the fact that Richard Cox is incarcerated and his obligations, as far as daily duties, are few,” Judge Lopez said at the March 6 hearing, suggesting Cox had little else to do but to prepare for the next hearing.
Dispute over loitering charges
Cox had fought to dismiss the loitering charges, brought because of the allegedly inordinate amount of time Cox spent in women’s locker rooms.
The Commonwealth spent roughly an hour on Thursday arguing in favor of keeping those charges in place. Witnesses claim Cox, who is still a fully intact male, would walk around the locker room naked for hours. Police found evidence on Cox’s phone that Cox had highlighted children’s swim lessons and gymnastic classes on recreation center schedules.
“We have to prove to a jury beyond a reasonable doubt that he was there with no apparent lawful purpose,” Aboreden said in court. ”If we are able to do that, that is the burden we’ve met.”
The judge upheld his decision to dismiss the loitering charges. That means the dispute will head next to the court of appeals, where the Virginia Attorney General’s office will argue the case.
Former Virginia Attorney General Jason Miyares, a Republican, fought to take over the case before he left office, but Arlington County refused. The case will therefore be argued by newly sworn-in Democratic Attorney General Jay Jones’s office.
JUDGE TO ALLOW SEX OFFENDER TO QUESTION WITNESSES IN VIRGINIA LOCKER ROOM CASE
Deputy Commonwealth Attorney Abhimanyu Mehta told the Washington Examiner that the trial will remain “in purgatory” as the court of appeals decides whether to take the case, touching off a process that could take months. The original trial date was set for April 20.
The case will return to the Arlington County Court for the trial regardless of how the appeals court rules on the loitering charges.