08/28/2007
Judge Dismisses Tape, But Not Charges in Bob Allen Case
Moving on to the other GOP public restroom scandal, Brevard County Judge Oscar Hotusing refused to dismiss the charges against Allen at a court hearing yesterday, saying the case should go to a jury.
Florida Today reports: "In arguing for dismissal, Eisenmenger said nothing that Allen said or did referred to money or a sex act; it was Kavanaugh who brought it up. Eisenmenger said the law states that Allen needed to make the offer to make the charge stick. 'He's not suggesting anything, he's not offering anything,' he said of Allen. Whitaker said Allen made eye contact with the officers in the park, walked into Kavanaugh's bathroom stall at the park and 'made the first move,' which showed intent. 'Intent is always material,' Whitaker said. Eisenmenger drilled Kavanaugh and Barrett about questioning Allen without reading him his Miranda rights. Kavanaugh said Allen began making statements before questioning, and Barrett said Allen did not mention wanting an attorney at any point during his conversation with him after his arrest. 'Did you mention to your supervisor, 'Excuse me, I haven't given him Miranda?' ' Eisenmenger asked Kavanaugh. 'No,' Kavanaugh responded."
In a minor victory for Allen, the judge ruled inadmissible the controversial comments regarding black men in the park which Allen made immediately following his arrest, because he was not read his Miranda rights. A decision is pending on two other statements made by the lawmaker.
Recently
Florida Rep. Bob Allen Pleads 'Not Guilty' to Gay Sex Charge [tr]
Florida Rep. Bob Allen Apologizes to NAACP [tr]
Lawyer: Resignation Not in the Cards for Florida Rep. Bob Allen [tr]
Rep. Bob Allen Cites Fear of Black Men, Weather in Oral Sex Arrest [tr]
Fla Rep. Bob Allen to Fight Solicitation Charges, Plead Not Guilty [tr]
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Posted 9:40 AM EST by Andy in Bob Allen, Crime, Florida, News | Permalink
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He'll walk.
Posted by: Becks07 | Aug 28, 2007 9:54:39 AM
Even though the tape is not allowed as evidence in a court hearing, the fact is, a recording of Senator Allen making racial, ignorant comments exists and has been heard by the general public. This should be enough for his constituents to make their own "ruling" on this man's political representation, and in the end, this is the only ruling that really matters.
Who cares what a jury says, get this jerk out of office and end his right wing power mongering political influence.
Posted by: Steven | Aug 28, 2007 9:59:54 AM
It seems the republicans have the majority seats in the mens room.
Posted by: zeke | Aug 28, 2007 10:09:22 AM
I'm now terrified of going into public toilets. I never knew there were so many Republicans in them. I guess shit will find its own.
Posted by: JT | Aug 28, 2007 10:15:57 AM
My co-workers and I are laughing our asses off at your statements, Zeke and JT! :)
Posted by: Michael W. | Aug 28, 2007 10:41:02 AM
what's with the bathroom thing? i don't get it?? Too f-ing goofy!
Posted by: dc-20008 | Aug 28, 2007 11:51:19 AM
read TEAROOM TRADE, DC ... apparently the majority of tearoom queens are straight married men with children...
Posted by: the queen | Aug 28, 2007 12:10:02 PM
Have you ever seen a more self-loathing countenance? This is not a man who respects himself.
Posted by: dc-20008 | Aug 28, 2007 12:32:57 PM
I've always known Republicans haunted mens rooms. I grew up in Utah.
Posted by: db | Aug 28, 2007 8:51:44 PM