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District 3 City Council candidate John Hartley
san diego
Hartley pleads no contest to lewd conduct charge
Candidate will stay in the race
Published Thursday, 10-Apr-2008 in issue 1059
District 3 City Council candidate John Hartley pleaded no contest to one misdemeanor charge Monday and issued an apology to voters, vowing to stay in the race.
Hartley, 65, pleaded no contest to lewd conduct in public, a misdemeanor. A charge of public urination into a cup inside his truck was dropped by the City Attorney’s office. A no contest plea means one is not contesting the charge and it cannot be used in a civil lawsuit as an admission of guilt. It is, however, a conviction.
The plea was made by Hartley’s attorney, Michael Pancer. Hartley was not required to appear. Pancer asked for immediate sentencing, which San Diego Superior Court Commissioner Robert Rice granted. Hartley was placed on three years probation, fined $500 and given credit for one night in jail stemming from his March 27 arrest in the Kensington area, where he had been campaigning door-to-door.
Deputy City Attorney Christopher Morris did not seek an additional fine or jail time for Hartley.
“To his credit, Mr. Hartley has taken accountability for his actions and has now entered a change of plea form to the charge that was alleged,” Morris said. “He has stepped up and taken accountability for what he did.”
Hartley was arrested on suspicion of indecent exposure after two women in Kensington complained to San Diego police that he could be seen urinating into a cup inside his truck. One woman said she thought he was also masturbating.
Hartley was not charged with indecent exposure because, said Morris, “We didn’t think there were facts that support that charge.” An indecent exposure conviction would have required Hartley to register as a sex offender.
Hours after his plea, Hartley issued a public apology, saying: “I want to apologize to the voters of the 3rd District. I made a mistake. I accept full responsibility for my actions. And I promise not to let it happen again.”
Hartley continued: “If the voters do not believe I should represent them on the City Council, I will accept their judgment. But, if the voters can look past this mistake, I promise to fight as hard as I always have to put our neighborhoods first. Thus, I put my fate in the voters’ hands.”
Hartley continued: “I also want to say that I harbor no hard feelings towards the police, who were doing their job, or towards the women who complained, who care about our neighborhoods, or towards the press, who have been working to inform the public.
“Having said all of that, I do not intend to answer any questions about this today or in the future,” he wrote.
Hartley skipped two campaign appearances on Monday, and his absence was noted at two forums. The other District 3 candidates, Stephen Whitburn, Todd Gloria, James Hartline, Robert E. Lee and Paul Broadway, attended forums.
Hartley’s campaign consultant, Larry Remer, said Hartley will return to the campaign circuit immediately.
“He’s going to be out walking precincts. He will be going to forums,” Remer said.
Hartley was ordered to have no contact with the women who complained about him and he is barred from returning to the 4600 block of Vista Street, where he was arrested. He must pay the $500 fine by April 21. He could have received a maximum term of one year in jail and/or a $1,000 fine.
Hartley, a Democrat, served as District 3 councilmember from 1989 to 1993 and he opted not to seek re-election. His aide, Christine Kehoe, was elected to two terms as councilmember and was the first lesbian on the City Council. Kehoe’s aide, Toni Atkins, succeeded her, and is serving her second and final term.
“I only hope that this one unfortunate lapse of judgement on my part does not overshadow the 25 years of genuine, hard work I have done to improve our neighborhoods,” Hartley said in his apology. “In the past, working together, we accomplished a great many things, including putting more cops on the streets, establishing community planning groups in every neighborhood, and winning district elections.”
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