Lawyers for U.S. Sen. Larry Craig (R) asked a three judge panel on the Minnesota Court of Appeals to toss out his conviction for disorderly conduct that stemmed from a gay sex sting in an airport bathroom.
Craig wants the court to withdraw his guilty plea. A county judge already has rejected the request.
Craig wants the court to withdraw his guilty plea. A county judge already has rejected the request.
Craig, a three-term Republican from Idaho, pleaded guilty to disorderly conduct in August 2007 after he was accused of soliciting sex from an undercover police officer at the Minneapolis-St. Paul International Airport.
Sgt. Dave Karsnia said Craig tapped his feet and swiped his hand under a stall divider in a way that signaled he wanted sex. Craig has denied that, saying his actions were misconstrued.
After his arrest and guilty plea became public Craig held a news conference to say he is not gay and that he pleaded guilty only to avoid the scandal of a trial.
Since then Craig has been fighting to withdraw the plea.
County District Judge Charles Porter refused, saying Craig’s plea “was accurate, voluntary and intelligent, and … supported by the evidence.”
Craig appealed that ruling to the Minnesota Court of Appeals which heard arguments on Wednesday.
Craig was not in court for the hearing.? His attorney told the court that Craig wants to correct a “manifest injustice” and that against the senator failed to show he had participated in any criminal conduct.
Prosecutors maintained that Craig’s plea was entered voluntarily.
The court gave no indication when it would rule in the case.
Craig has a long history of voting against every LGBT issue that came before the Senate and of supporting two attempts to pass an amendment to the US Constitution to bar gays from marrying.
As publicity mounted Craig first promised that he would resign last Sept. 30, then reversed his decision saying he would stay in office until his term expires next January. Craig says he is not running for re-election.
The Senate Ethics Committee in February said that Craig acted improperly and had brought discredit on the Senate.
In a letter to the Republican senator, the ethics panel said Craig’s attempt to withdraw his guilty plea an effort to evade legal consequences of his own actions.
Police arrested 41 men last year between May and August in the sting operation but it did not come to light until Sen. Craig’s bust became public.
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