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Judge Refuses To Reconsider Larry Craig's
Guilty Plea
by 365Gay.com Newscenter Staff
Posted: October 4, 2007 - 2:00 pm ET
Updated 3:00 pm ET
(Minneapolis, Minnesota) A Minnesota judge
on Thursday refused to allow Sen. Larry Craig (R-Idaho) to withdraw his guilty
plea from a gay sex sting bust.
Hennepin County Judge Charles Porter in a written
ruling said that
Craig's guilty plea was made voluntarily.
"Because the defendant's plea was accurate,
voluntary and intelligent, and because the conviction is supported by the
evidence ... the Defendant's motion to withdraw his guilty plea is denied,"
Porter wrote in the ruling.
He also said that Craig had not produced any
"newly discovered evidence" that would clear him.
Minnesota law allows guilty pleas to be withdrawn
if a "manifest injustice" is shown. The term isn't defined in law,
leaving it to judges to decide.
Craig has not said if he will
appeal.
On June 11, an undercover police officer was the
men's room at the Minneapolis Airport when Craig allegedly tapped his feet and
swiped his hand under the divider in a way authorities said was a signal for
someone wanted sex.
Craig pleaded guilty to disorderly conduct, but
when the incident became public, he denied ever seeking sex there and said the
officer misunderstood his actions. Craig then sought to withdraw his guilty plea
to the misdemeanor.
Craig has said his foot-tapping, hand gestures
and looks into a bathroom stall were misconstrued by the police officer who
arrested him. His attorneys say that he pleaded guilty to a misdemeanor because
he feared his June 11 arrest would trigger a story by an Idaho newspaper that
had been investigating his sexual orientation. Craig has denied that he is gay.
Craig initially said he would resign his Senate
seat September 30. He later said he would stay on while fighting the
guilty plea.
In the Senate, Craig has voted twice for a
constitutional amendment to ban gay marriage, voted for 'Don't Ask, Don't Tell'
the ban on gays serving openly in the military, and has opposed both a
bill to ban job discrimination against gays and a bill that would add gays to
federal hate crime law.
Meanwhile, the infamous men's room where Craig
was arrested is getting new stall dividers that drop nearly to the floor to make
it a less inviting spot for sexual liaisons. (story)
©365Gay.com 2007
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