ARLINGTON, Virginia — A registered sex offender arrested after entering a female locker room in northern Virginia scolded the judge presiding over the case on Thursday for not using preferred pronouns.
Richard Cox appeared before Judge Daniel Lopez in Virginia’s 17th Judicial Circuit Court to decide a trial date, but the hearing was derailed over whether Cox would accept defense Michael Cash’s counsel and how Cox wished to be addressed in the courtroom.
Cox argued at length with the judge about a motion for self-representation, which Lopez overruled, saying Cash would be Cox’s representation.
Cox continued to push back, saying they had not spoken in a couple of days and felt that the Oct. 6 hearing had proceeded without their presence, which is why Cox saw a need to be self-represented. The Monday hearing, under Judge Judith L. Wheat, was to decide whether all the charges would be tried under one judge. It was decided in Thursday’s hearing that all the charges will be under Lopez.
“Well, I’m going to appoint Mr. Cash as standby counsel for today’s hearing,” Lopez said. “We’re here to set a trial date. I’m of the opinion that you’ll find Mr. Cash to be very knowledgeable, very zealous, and an aggressive defense attorney.”
While the defense and the prosecutor, Nassir Aboreden, discussed setting the next trial date, Cox continued to interject to waive the right to counsel, which the judge overruled, saying Cash would represent Cox for the time being and that another date would be set to decide if Cox still wanted counsel or to waive the right to counsel.
“Right now, Mr. Cash is your lawyer. All right?” Lopez sternly said to Cox. “These are serious cases. They carry the possibility of serious incarceration. You are walking into a courtroom to defend yourself against seasoned prosecutors who know the rules, who know the evidence. You are unarmed if you don’t have an attorney.”
Cox, who is a biological male, interjected, “Judge, I have read enough cases to know that as a transgender person who identifies as female, I have the right to be identified as such on the record.”
“Oh,” Judge Lopez responds surprised. “How would you like to be identified? I’m happy to identify you like you want, but I didn’t know that.”
Cox then asked the judge to use the name “Ricky,” which Cox explained is the female version of the name Richard, and that Cox doesn’t identify with any pronouns.
“Alright, I will call you Ms. Cox,” Lopez said, and then proceeded to apologize, saying that if he had known, he would have referred to Cox as a female from the beginning.
Cox said gender identity is key to the defense in this case, and the fact that the court was not informed about this is a significant reason Cox feels there is no good relationship with Cash.
Cox faces 44 charges in Arlington County Circuit Court, including indecent exposure, indecent liberties with a child, and possession of child pornography. Cox was able to enter the female locker room of Washington-Liberty High School by claiming to be a woman. The high school has a public pool open for lap swimming and swim lessons. Parents had complained for months about Cox, but their complaints fell on deaf ears, as Arlington County allows people to use the restroom that corresponds with their gender identity over their biological sex.
Cox, 58, was arrested when a parent reported seeing him naked in a shower with the curtain open, touching himself, in front of her 5-year-old daughter. The Washington Examiner spoke with lifeguards who said Cox would come into the small locker room, undress completely, and spend hours walking around during swim classes. Testimony from an Arlington detective revealed Cox had children’s swim class schedules and child pornography on his cellphone at the time of arrest.
Cox is a Tier III registered sex offender, which Virginia categorizes as the most serious crime. Someone convicted of a Tier III sex offense must register as a sex offender for life. Cox’s first conviction in Arlington County was in 1992 for taking indecent liberties with children and indecent exposure in a park. In 1995, Cox wrote in a letter to a judge that being naked in front of children was arousing and agreed to be castrated as part of a release agreement. However, that was never followed through on. Cox was convicted of a slew of crimes in 2007 in Fairfax County, including possession of child pornography and failure to register as a sex offender.
Wheat, who decided to pass on all 44 charges in the case, originally denied referring to Cox by preferred pronouns in court. Wheat was elected by the Democratic majority of the Virginia General Assembly in 2019. Judges hold an eight-year term. She became circuit court chief judge in 2023.
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Lopez was appointed in 2023 by a slim Democratic majority, 51-49.
Adrian Perry, director of victim services with the Virginia Department of Criminal Justice, told the Washington Examiner that she believes Cox wants self-representation to try to intimidate witnesses.
