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.

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