Legal Commentary

Arguments Heard in Appeal of Larry Craig Bathroom Sting Conviction

By Jeralyn

The Minnesota Court of Appeals today heard oral arguments in Sen. Larry Craig's appeal of the denial of his motion to vacate his guilty plea for foot-tapping in an airport bathroom stall to the Minnesota Court of Appeals.

The attorney, Billy Martin, told the three-judge panel that Craig's behavior was "as consistent with innocence as it is with guilt."

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Martin refuted the conclusions of an undercover police officer conducting a sting of men cruising for gay sex. The officer said Craig peered inside his stall, tapped a foot next to his and swiped a hand beneath the divider - all invitations for a desired sexual encounter.

Craig's fidgety behavior, Martin said, was merely reflective of a man "anxious to go to the bathroom." He attacked the disorderly conduct law, saying it requires "others" to be affected and not just one person.

Martin was asked about Craig's mail-in agreement to plead guilty.

[Martin] said a judge should have determined whether there was a sufficient basis for arrest before permitting the senator to enter the plea.

Full post as published by TalkLeft on September 10, 2008 (boomark / email).