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Sidewalk Sex Case Ends With Probation

POSTED: Wednesday, May 6, 2009
UPDATED: 5:45 pm EDT June 3, 2009

A married Oakland County official who police say was caught having sex with another woman on a sidewalk in the Detroit suburb of Novi has been sentenced to two years' probation.

District Judge Dennis Powers on Wednesday also ordered 56-year-old Kim Capello to perform 50 hours of community service and undergo intensive outpatient substance-abuse counseling.

Capello pleaded guilty to indecent exposure. The misdemeanor charge may be dismissed if he successfully completes his sentence.

Police say officers on April 18 found an unclothed man and woman apparently having sex against a wall. The couple said they'd been drinking.

The Republican county commissioner said Wednesday in court he was urinating and not having sex.

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