Richard Cox, a transgender individual, is appearing in court following a Virginia Court of Appeals ruling that revived loitering charges against him. The court rejected the previous dismissal of these charges by Circuit Court Judge Daniel T. Lopez. Cox is requesting that Judge Lopez recuse himself from the case, citing a conflict of interest due to Lopez's prior involvement in a related criminal case where Cox was convicted of possession of child pornography.
Cox faces multiple charges for allegedly entering female locker rooms at local schools and recreation centers, with witnesses claiming he exposed himself to young girls. During a recent hearing, Cox argued that Lopez's previous rulings and his acceptance of certain letters written by Cox while incarcerated demonstrate bias.
Cox has a history of offenses, including a 1991 conviction for indecent exposure to children. In letters to a judge, Cox expressed feelings of shame regarding his actions and requested chemical castration. Previously, Judge Lopez ruled that these letters could not be presented as evidence in the child pornography trial, but this ruling has now been contested.
Cox is seeking to have the letters excluded from evidence entirely, asserting that he was unaware they had been entered into the court record until recently. The state has argued that the statute of limitations for seeking expungement of court records has expired.
The appeals court clarified that it did not rule on the merits of the loitering charges but indicated that Judge Lopez could use dictionary definitions and precedents to determine the applicability of the law. Lopez ultimately denied Cox's request for recusal, stating that there was no legal basis for him to step aside.