Former Rep. Mike Nearman pleads guilty, banned from Capitol - oregonlive.com

Former Rep. Mike Nearman pleads guilty, banned from Capitol

One man whispers into the ear of another man.

Former Oregon State Representative Mike Nearman pleads guilty to official misconduct in the first degree on Tuesday, July 27, 2021 at the Marion County Circuit Court in Salem, Ore. Nearman told the court he opened the door to allow violent demonstrators inside because "it would make me appear favorable to certain citizens.” Photo: Abigail Dollins/Statesman Journal

Former Oregon representative Mike Nearman is banned from entering the Oregon Capitol or the grounds surrounding the building for the next 18 months after pleading guilty Tuesday to official misconduct, a misdemeanor.

That provision was part of a plea deal reached between the Polk County Republican and the Marion County District Attorney’s office. In exchange, prosecutors agreed to drop a second charge of criminal trespassing.

Nearman must also perform 80 hours of community service, pay the Legislature $2,700 in restitution, and pay $200 in court fees. He’ll technically be on probation but does not have to report to a probation officer. He’ll need to return to court next April to demonstrate that he’s complying with the agreement.

The guilty plea is a result of Nearman’s actions on Dec. 21, 2020 when he opened a door at the Capitol to allow a group of violent demonstrators inside the building, which was closed due to the pandemic. Some of them clashed with police in a vestibule near the entrance.

Marion County Circuit Court Judge Cheryl Pellegrini asked Nearman to describe his actions for the court.

“I opened a door of the Capitol, I went out, and that allowed people to enter,” said Nearman.

Pellegrini suggested there was more to the story than that. She said that by pleading guilty, Nearman was admitting to acting in such a way as to receive a benefit.

“The benefit was that the citizens were allowed in the Capitol,” responded Nearman.

“Are you telling me that the benefit that you were seeking to confer was on the public being able to enter?” replied Pellegrini with a degree of skepticism in her voice.

At that point, Nearman’s attorney, Jason Short, leaned over and whispered something in Nearman’s ear.

“It would make me appear favorable to certain citizen groups,” clarified Nearman. “I don’t support what they did when they entered.”

At that point, Pellegrini indicated she would accept the guilty plea, but she told Nearman to make sure he obeyed all laws while on probation.

The judge also drew a parallel to the insurrection at the U.S. Capitol, which took place less than three weeks after the skirmish in Salem.

“You took (an oath), as did I,” she said. “In doing so, we commit to principles of our democracy.”

The judge said she had been listening to congressional hearings on the Jan. 6th attack on the U.S. Capitol on her way to the courthouse Tuesday morning.

“This plea and sentencing concludes an embarrassing and disgraceful event in our state’s history,” Marion County District Attorney Paige Clarkson said in a written statement. “I am thankful that no members of law enforcement, or anyone else were seriously injured as a result of Mr. Nearman’s irresponsible actions. Additionally, I am grateful to the Oregon State Police for their complete and thorough investigation that led to this conviction.”

Nearman did not acknowledge questions from reporters as he left the courthouse.

Speaking to Portland radio talk show host Lars Larson in KXL Tuesday afternoon, Nearman said he pled guilty to avoid having to pay his attorney to sift through all the evidence against him.

“I really would have preferred to make it go to trial,” said Nearman. “The legal bills were stacking up. It made more sense to pay (a fine) and do a little community service, rather than pay twenty or thirty thousand more to attorneys.”

Nearman told Larson that while he admitted guilt in court, “I don’t think I committed a crime and I don’t think I did anything wrong.”

On June 10, Nearman became the first lawmaker in Oregon history to be expelled from the Legislature, when all 59 of his colleagues voted to remove him, days after a video emerged of him coaching members of the public how to contact him to have him open the doors of the closed Capitol.

While Nearman attempted to be appointed back to his seat, county commissioners from his Willamette Valley district selected his former legislative aide, Anna Scharf, to fill the remainder of his term.

Nearman could run for his old seat in 2022. His 18-month ban from the Capitol would expire near the beginning of the 2023 legislative session.

Chris Lehman clehman@oregonian.com

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