Senator Craig couldn't weasel his way out of this one. What happens in Minneapolis doesn't stay in Minneapolis!
http://www.startribune.com/587/story/1464951.html
Judge rejects Craig's effort to reverse his guilty plea
Judge denies Senator's request to withdraw his guilty plea to bad bathroom behavior. Craig's future in U.S. Senate appears in doubt.
District Judge Charles Porter Jr.'s 27-page ruling, which at one point call's Craig's reasoning "illogical," said evidence supports the conviction.
"The defendant, a career politician with a college education, is of, at least, above-average intelligence," Porter wrote. "He knew what he was saying, reading and signing."
Neither Craig's staff nor his lawyers were available for comment on his legal or political plans. He initially said he would resign Sept. 30, but then put off his departure until Porter ruled. Minnesota Sen. Norm Coleman, one of a handful of Republicans who called for Craig's resignation, said today, "I would hope that he would live up to what he said he would do."
The trouble for Craig intensified a couple of weeks after his mail-in guilty plea when his conviction became public. The 17-year senator attempted to withdraw the plea on the grounds that allowing it to stand constituted a "manifest injustice" because it wasn't accurate, voluntary or intelligent. He also argued that his behavior didn't fit the definition of disorderly conduct.
Metropolitan Airports Commission (MAC) prosecutor Christopher Renz countered that Craig knew what he was doing when he agreed to the plea, but that he was engaged in "political calculations" because he wasn't happy about the fallout from the publicity.
The police report alleged that in June, Craig solicited sex from police Sgt. Dave Karsnia, an undercover officer working at the Minneapolis-St. Paul International Airport. Craig claimed he pled guilty in part because he was worried and feeling pressure from a months-long investigation by the Idaho Statesman newspaper into his sexual orientation.
Porter disregarded the claim as grounds for withdrawing the plea. "This pressure was entirely perceived by the defendant and was not a result of any action by the police, the prosecutor or the court," Porter wrote.
After his arrest became public, the Statesman published its five-month investigation into previous allegations of homosexual behavior. The senator, who has a wife, has said he is not gay.
It all started on June 11 when Craig, on a layover between flights, entered a restroom at the airport. He stood outside the door of Karsnia's stall peering in, then entered the adjacent stall when it was vacated and placed his roller bag in front of the door. He then tapped his foot, slid it closer to Karsnia's and moved it up and down slowly, according to court documents.
Craig then swiped his left palm up along the bottom of the stall, exposing more of his fingers each time. Karsnia then placed his badge under the diver and Craig yelled, "No!"
Craig refused to come out of the stall, leaving only when he was told by Karsnia he was under arrest. He did not flush the toilet. He explained the foot tapping by saying he has a "wide stance." He said his hand was near the floor to pick up a piece of paper.
Porter said the facts support a conviction. Craig "knew or should have known his entrance into Sgt. Karsnia's stall with his eyes, foot and hand are the type of acts that would tend reasonably to arouse alarm, anger, or resentment in others," the judge wrote.
The MAC released a statement from spokesman Patrick Hogan who said the decision holds Craig accountable for his conduct. "In determining that Senator Craig's plea is just and binding, the court ensures the plea negotiation process can continue to serve as an effective, efficient tool."
Porter also dismissed First Amendment claims filed by the American Civil Liberties Union on Craig's behalf. The ACLU argued to protect language, but Craig was charged because of his conduct, Porter wrote.
