The Oakland Press is reporting that a married Oakland County commissioner accused of indecent exposure in relation to 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 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.