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	Frederick Priest May Consider Plea in Nude Jogging Case By Victoria A.F. Camron Longmont Times-Call May 30, 2008 http://www.timescall.com/news_story.asp?ID=9073 GREELEY — A Frederick priest accused of indecent exposure may negotiate a plea deal since two court rulings did not go his way this week, his attorney said in court on Friday. The Rev. Robert Whipkey, 54, was excused from attending Friday's court hearing, so he did not hear Weld County Judge Timothy Kerns rule that three previous incidents of Whipkey's being naked when the public could see him will be evidence at his trial. "The defendant places himself in circumstances in which his nudity can be seen by others," Kerns said. Because Whipkey was not charged in those cases, the judge had to decide if they were relevant to this case and if they would prejudice the jury against Whipkey. On Thursday, the district court ruled that Whipkey's statement to a police officer — "I know what I did was wrong" — after he was discovered jogging naked near Frederick High School at 4:30 a.m. on June 22 could be used against him in court. In March, Kerns ruled the statement was not admissible at trial, but prosecutors successfully appealed to the district court. "The status (of the case) has changed significantly," defense attorney A. Lee Harrell said. The priest, who was ordained in 1983, served parishes in Frederick, Mead and Erie until news of his June arrest became public in August. The Archdiocese of Denver then placed him on administrative leave. In addition to Whipkey's statement to the police officer, jurors will hear that, for three years, the priest often walked naked around his house when people outside the home could see him. This wasn't a case of just rushing past a window while getting dressed, apparently, as one nearby resident said she saw him hanging pictures inside his house while he was undressed, the judge said. Jurors also could hear that at a retreat in 2000, the priest was not dressed when he awoke a cabin of boys, according to prosecution's motion to introduce the evidence at trial. According to previous news reports, Whipkey was assigned to a church in Sterling at the time, but it's not clear where the retreat took place. Kerns also decided that reports of Whipkey's walking naked to a lake for an early morning swim can be used at trial, even though that occurred 20 years ago. The number of incidents in which people have reported seeing Whipkey naked, as well as the time between the incidents, show that Whipkey was likely to know that jogging naked would alarm a member of the public and that doing so was not a simple mistake, Kerns said. After these incidents, the priest has repeatedly expressed shock that other people would be concerned by seeing him naked, Kerns said. Harrell said he is ready for trial, scheduled for June 12, but the rulings against his client make a plea agreement possible. He and two prosecutors left the courtroom and spent several minutes in a private conference room after the hearing. Victoria Camron can be reached at 303-684-5226 or vcamron@times-call.com.
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