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US senator Craig seeks to undo guilty plea


(2007-9-19 15:28:01)  
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US senator Larry Craig, who pleaded guilty to disorderly conduct following his arrest in an airport men's room, filed an affidavit yesterday, seeking to withdraw his guilty plea. Craig said he was "overwhelmed" and "panicked" by the events, which led him to cooperate with police and ultimately plead guilty to disorderly conduct, a misdemeanor. He decided on the day of his arrest to plead guilty to whatever charge was eventually filed against him, Craig's affidavit said. Meanwhile, Craig's attorneys have now asked the Hennepin County District Court to withdraw Craig's guilty plea, saying in court documents that the Idaho senator did not make the plea "knowingly" and "understandingly" under Minnesota’s criminal code. The lawyers wrote that "faced with the pressure of an aggressive interrogation and the consequences of public embarrassment, Senator Craig panicked and chose to plead to a crime he did not commit." In August, Craig pleaded guilty to a charge of disorderly conduct after being arrested on June 11 in the Minneapolis International Airport. Police conducting a sting operation involving illicit sex in the men's rooms at the airport believed Craig made a series of signals to police officer Dave Karsnia, indicating his desire to participate in a sex act, including tapping his foot and waving his hand under a stall divider toward Karsnia, who was in the neighboring stall. Since his arrest and plea became public last month, Craig has steadfastly denied that he did anything wrong. Craig's attorneys also argue that there is insufficient evidence in the case to support Craig's guilty plea. "Even at the time the prosecutor agreed to a guilty plea, Senator Craig was maintaining his innocence," their motion states. According to Minnesota law, withdrawal of a guilty plea can be allowed by a court if "necessary to correct a manifest injustice." Craig’s lawyers argue that because Craig never consulted with a lawyer and never entered his plea before a judge in open court, he was never made aware of the consequences of his guilty plea -- or of the potential public humiliation if it went public. News of Craig's guilty plea brought intense pressure on him from Senate Republican leaders and other colleagues in Washington to resign. He first announced he intended to resign by Sept. 30, then said he was reconsidering. A spokesman later said Craig had dropped virtually all notion of trying to finish his third term, unless a court moves quickly to overturn the conviction. That's unlikely to happen before the end of the month. Craig's attorneys asked for a hearing for their motion, but no date was immediately set yesterday. Craig was sentenced to pay US$575 in fines and fees and was put on unsupervised probation for a year, with a 10-day suspended jail sentence hanging over his head during his one-year unsupervised probation if he commits the same offense again. In exchange for Craig's plea, the prosecutor dropped a gross misdemeanor charge of interference to privacy.

From The International Electrotechnical Network
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