Void the warrant and destroy the records. So says lawyer of Hernando County commissioner up on prostitution-related charges

BROOKSVILLE — Citing jurisdictional and procedural mistakes, the attorney for suspended Hernando County Commissioner Nick Nicholson is seeking to void the warrant for his arrest on prostitution-related charges and to erase all records of his arrest.

In a motion filed last week, attorney Peyton Hyslop argued that Nicholson's arrest warrant, handled by the Circuit Court, was incorrectly filed because "a circuit judge has no authority to hear or try a case that only accuses misdemeanors.''

The warrant also does not list the county where it was issued, as required by law, Hyslop said. According to arrest records, the warrant was issued in Marion County rather than Hernando County.

Hyslop asserted that the court erred in issuing a warrant instead of a simple summons, because "the judge had no reason to believe that the person against whom the complaint was made will not appear upon a summons.

Hernando County deputies confronted Nicholson last month at his Brooksville engineering office and arrested him on three second-degree misdemeanor prostitution charges. One was for running a house of prostitution and two were for engaging in prostitution. Several days later, Gov. Rick Scott suspended him.

Nicholson was accused of paying two women he met at a local strip club for sex. One of the women lived with him for about three years and the other woman and her husband for about six months.

While the second woman and her husband lived in Nicholson's Spring Hill home, investigators allege she also traded sex for money with former clients from the Icon Gentleman's Club in Hudson.

Investigative records also allege that Nicholson was with each of the women when they made purchases of illegal drugs with his money.

On behalf of Nicholson, Hyslop argued that the Hernando County Sheriff and Clerk of the Court should destroy all records they created or possess indicating Nicholson was arrested on the charges. Hyslop also requested release of the $3,000 bond Nicholson paid to be let out of the county jail.

The prosecutor has not responded to the motion, slated to be heard by County Judge Kristie Ruppe in mid-July.

Contact Barbara Behrendt at bbehrendt@tampabay.com or (352) 848-1434.

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