A 19-year-old Hailey man pleaded not guilty Monday to charges of having sex with a 15-year-old girl in a public restroom in July.
Richard D. Nieves entered his pleas at his arraignment in Blaine County 5th District Court. He is charged with two counts of lewd conduct with a minor child under 16, an offense punishable in Idaho by up to life in prison.
Blaine County District Court Judge Robert J. Elgee presided over the arraignment but will not be hearing the case because of a disqualification motion filed by the Blaine County Prosecuting Attorney's Office.
"The trial will have to be set by another judge," Elgee said. Court personnel reported that the case has now been assigned to Judge Barry Wood, who frequently hears cases in Blaine County when disqualification motions are filed against Elgee.
Wood most recently presided over the jury trial of Brian Jake Adamson, a 20-year-old Carey man who was found guilty in August of sexual abuse of a minor child under 16. He was tried for an alleged sexual encounter with a 13-year-old girl.
Prosecuting Attorney Jim Thomas has declined to say why he files disqualification notices against Elgee, particularly on sex crime cases involving minors. He is not required to state a reason under Idaho judiciary rules as laid down by the Idaho Supreme Court.
The case against Nieves stems from a July 14 incident when he allegedly had sex with the girl in the women's restroom at Lawrence Heagle City Park in west Hailey.
A probable cause affidavit filed by Hailey police Lt. Steve England alleges that he found Nieves in the restroom with the girl and that subsequent investigation led to the charges against the suspect.
Nieves remains free on $50,000 bond. He is represented by Hailey attorney Douglas Werth.
Richard D. Nieves
