Jeralyn at Talkleft gives some good points. And it does question whether Craig's lawyer will argue and refer to the Cailfornia case.
Could this help Larry Craig? A three judge panel in California reversed a conviction yesterday for soliciting sex in a men's bathroom:
[T]he ruling, which threw out the conviction of Stephen Lake, 51, did not address whether the bathroom stings were discriminatory because they targeted only homosexual activity. Instead, judges Donald Black, Kent Levis and Debra Kazanjian ruled that prosecutors did not establish that someone was likely to be present who would have been offended by Lake's conduct, an element needed to prove a crime took place.
Craig was charged with this section (pdf) of the disorderly conduct statute:
(3) Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
2 comments:
If I was his lawyer I would use it as a defense. Look it might work and who knows Senator Craig could be at a hearing for charges that aren't there. Now the strang thing would be his welcome back party from his fellow GOP supporters. Oh my bag just one support. Mitch might wish he had supported his friend if Craig does get off. Mitch might be outed and it could be his friend who does the outing.
No matter how you word it, we all know what went on.
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