Detroit- From www.freep.com- The Oakland County Commissioner was sentenced today to two years probation after pleading guilty to indecent exposure, as a police report indicated he was nude and engaged in a sex act with a woman in Novi.

Kim Capello, R-Novi, disputed parts of the police report, saying he was not nude or having sex April 18; simply, he was urinating in public. He said the area was unlit and the officer was mistaken.

“I was in the wrong place at the wrong time,” said Capello, 56.

District Judge Dennis Powers asked for clarification as to whether Capello believed he was innocent. Capello and his attorney, Michael Reeds, said Capello was in a “state of undress” but that the facts justify the charge. In addition to probation, Capello will also have to submit twice a week to alcohol testing and perform 50 hours of community service.

Capello on May 8 began outpatient treatment for alcohol abuse at Brighton Hospital. He has had three prior convictions — in 1972, 1982 and 1993 — for alcohol-related offenses, Powers said.

Capello’s wife, Jodi, was in court but did not speak. In a statement she distributed after the hearing, she said her husband “is guilty of making some bad choices and as a result, my whole family has suffered greatly.”

The woman charged with Capello, 37-year-old Sheila Grogan of Novi, will be back in court next month. She is also charged with one count of misdemeanor indecent exposure, which carries the penalty of up to 93 days in jail.

According to the police report, a Novi police officer found Capello and Grogan nude and engaged in a sex act on a brick wall in a condominium complex. According to the report, both admitted to drinking.

If Capello successfully completes the terms of his probation, the judge may dismiss the charges, Reeds said.

“I believe Mr. Capello has accepted responsibility for his actions, which frankly … some of our public figures fail to do,” Reeds said.