ARLINGTON, Virginia – A judge in Virginia will allow Richard Cox, a registered child sex offender, to question witnesses at trial in a case centered in part on allegations of indecent exposure.
Cox is facing dozens of charges in the case, Commonwealth v. Richard Cox, for entering female locker rooms and allegedly walking around naked for hours. Judge Daniel T. Lopez agreed on Friday to allow Cox to waive the right to representation on some charges, meaning that during the trial, Cox will make arguments and question witnesses on the stand.
Cox, a biological male, identifies as transgender and was able to enter the locker rooms because Arlington County allows people to use the restroom of their gender identity over their biological sex.
The Commonwealth had argued that witnesses would experience serious emotional distress if questioned by Cox, who called the argument an “absurdity.” Cox countered that being barred from cross-examination because “an adult saw another adult naked in the locker room” is a “slippery slope of violations to due process.”
Cox did agree to submit written questions for the two minor witnesses, 16- and 17-year-old lifeguards from Wakefield High School. The school has a pool open to the public for swim classes outside school hours. Adult witnesses whom Cox will be able to question include a mother who had a child under the age of 12 with her and allegedly saw Cox masturbating in the shower.
The judge issued a warning to Cox during Friday’s proceedings.
“You want to talk about slippery slopes? You’re sliding down the slippery slope to me, either appointing you to represent yourself on everything or nothing,” Lopez said. “This trial is not going to be an opportunity for you to get on a soapbox and turn your questions into testimony. If it does, I’ll hear an objection, and I’ll stop you, and if you continue to do it, I will dress you down in front of the jury, and that will be on you, not me, because I am not going to allow you to disrupt this proceeding because you feel you have a political axe to grind.”
Back in 1993, Cox wrote to a judge, while in jail, that public exposure and being naked in front of young girls gave Cox sexual gratification. These letters were banned from being used as evidence in the previous trial.
Cox claimed not to have enough time to prepare for the hearing and requested more time to argue on whether the letters will be admissible in court. The judge reminded the court that Cox filed the motion in January 2026 and refused to delay the hearing.
“Richard Cox says he’s not prepared to go forward, and I will state for the record, the court is clearly cognizant of the fact that Richard Cox is incarcerated and his obligations, as far as daily duties, are few,” Lopez said. “He’s been given the same amount of time that counsel is usually given to respond to a motion.”
For this trial, Cox wants the letters banned again and asked for a sealed hearing, saying the Commonwealth was using them to defame and create prejudice. The judge, who is noticeably losing patience with Cox, denied a closed hearing.
“[Cox’s] right, it is [the commonwealth’s] intention. They want to convict him, that’s [the prosecution’s] job,” Lopez said. “The evidence in the criminal case is always prejudicial to the defendant, because from the Commonwealth’s point of view, it points to guilt and not innocence.”
The judge reminded the courtroom that in the previous trial, Cox made a last-minute motion to self-represent to be able to tell the jury that Cox was sorry.
“In reading your motion, what you wanted to put in front of the jury was inadmissible evidence, all of it,” Lopez said. “Some of it, so highly prejudicial, it amounted to a confession.”
RICHARD COX DERAILS SEX OFFENDER CASE, ONCE AGAIN
This time, the judge will allow the letters to be admitted into evidence and shown to the jury with redactions. The judge said the Commonwealth will still have to prove Cox’s intent to the jury.
The trial will begin on April 20 and is expected to last 10 days.
