BLOOMINGTON - McLean County Board member Robert Nuckolls was released from jail Tuesday after a special prosecutor declined to file criminal charges against him for allegedly violating an order of protection.

Nuckolls' attorney, Jonathan Backman, claimed Tuesday that his client was set up Monday for an arrest by a woman who is the subject of an order of protection.

Robert Nuckolls

"Bob has been worried since the beginning that this was a set-up to destroy him. The officers were completely wrong to arrest him," said Backman.

Nuckolls, 47, of Bloomington was arrested around 5:35 p.m. Monday at Cardinal Fitness, 1500 E. Empire St., said police spokesman Duane Moss. Nuckolls allegedly went inside the gym and then sat outside in his car for at least 15 minutes, knowing a woman protected by the court order was inside, Moss said.

A manager at the fitness center reportedly told Nuckolls when he arrived before 5:15 p.m. that the protected woman, Margaret Nelson, was inside, Moss said. Nuckolls and Nelson are both members of the fitness center.

Nuckolls allegedly went inside briefly and then left. He was arrested after Nelson called police, who found Nuckolls in the parking lot in his car around 5:30 p.m., Moss said.

Backman said Nelson joined the fitness center after inquiring and being told that Nuckolls was a member.

He said Nuckolls goes to the gym routinely with his wife and son, who were with him Monday night. They were inside the gym during the incident.

Nuckolls' lawyer said he was on the phone with Nuckolls when police arrived Monday. He said he talked with an officer and explained the terms of the protection order that he said Nuckolls followed by leaving the building.

Nelson's lawyer, Scott Kording, said Tuesday that "there's no confusion in the order. It says to stay away and leave Mrs. Nelson alone. I'm very disappointed Mr. Nuckolls either seems unwilling or unable to comply with court orders."

The protection order requires Nuckolls to stay 500 feet away from Nelson.

Nuckolls was arrested in August for allegedly violating an order of protection for Megan Nelson, Margaret's daughter, following a disorderly conduct complaint. Nuckolls had agreed to the two-year protection order for both women earlier in summer 2008.

In the summer 2008 incident, Nuckolls was charged with two counts of violation an order of protection. He is due for a jury trial to begin June 24, records show.

Mary Ann Ford contributed to this report.