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Wednesday, February 26, 1997

Prosecutor says evidence strong in case against state senator

By JUAN B. ELIZONDO Jr. Associated Press Writer

AUSTIN (AP) - A video tape recording of Sen. Drew Nixon's arrest for soliciting an undercover police officer for sex is strong evidence against him, a prosecutor said Tuesday.

Nixon was arrested last week in a prostitution sting run by the Austin Police Department. He faces misdemeanor charges of prostitution and unlawfully carrying a weapon.

Travis County Attorney Ken Oden said a video tape of Nixon's conversation with officer Christine Shelton would not be made public until his criminal case is completed.

Nixon's attorney, who has not returned telephone calls from The Associated Press, has met several times with the county attorney's office. Whether the criminal charges will result in a plea bargain is unclear, Oden said.

"I don't think it's appropriate for me to speak to the details of the evidence," Oden said. "I can only say that we believe there is clear and persuasive evidence to prove the charge. A review of it would lead any reasonable person to conclude the charge was valid and provable."

Police said most sting operations are taped to help in prosecutions.

Nixon has admitted talking to Ms. Shelton, but has not confirmed nor denied asking her for sex. According to Ms. Shelton, Nixon offered her $35 to perform a sex act.

When arrested, Nixon had a loaded, 9-mm handgun in his car, according to police. In 1993, Nixon pleaded no contest to a firearms charge after being arrested by Dallas police with three known prostitutes in his car. He was never charged with a prostitution-related crime in that incident.

Oden said Nixon's previous firearms conviction could weigh into the current case.

"Second offenses are usually dealt with more harshly," Oden said. "What effect it will have on this case is presently under consideration."

Nixon faces up to 180 days in jail and a $2,000 fine if convicted of the prostitution charge. The firearms charge carries a penalty of up to a year in jail and a $4,000 fine.

Nixon is scheduled to appear in Travis County District Court on March 19. Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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