Florida State Rep. Bob Allen glances over to his wife Beth at the Moore Justice Center in Viera on Monday. Allen was found guilty of soliciting prostitution on Friday. (Michael R. Brown, ASSOCIATED PRESS / November 5, 2007)
Laurin Sellers
Sentinel Staff Writer
November 10, 2007
VIERA
State Rep. Bob Allen's troubles may only get worse.
Seconds after he was convicted Friday of soliciting a sex act in a park bathroom, legislative leaders were discussing how to remove him from office.
"This conviction makes it impossible for Rep. Allen to represent responsibly the citizens of his district," Florida House Speaker Marco Rubio said in a statement. "Furthermore, it is my personal belief that it harms the reputation of the Florida House of Representatives. We will now take the appropriate steps."
Allen, R-Merritt Island, who did not testify in his own defense, insisted he is innocent.
"I have done nothing wrong, and my family, my God and my good constituents know that," Allen said as he left the courtroom flanked by his three attorneys. "We're going to continue to seek justice."
The lawmaker is scheduled to be sentenced Thursday for the second-degree misdemeanor charge and could face a maximum 60 days in the county jail and a $500 fine. Prosecutors said after the verdict was announced that they intend to seek jail time.
Also late Friday, Allen's lead attorney, Greg Eisenmenger, accused the state of prosecutorial misconduct and said he would seek a new trial.
Eisenmenger said Brevard Assistant State Attorney Pat Whitaker erred by commenting on a defendant's right to remain silent when he described Allen as hanging his head upon realizing he was about to be arrested July 11 outside Veterans Memorial Park in Titusville.
Whitaker responded: "I do not believe there was any reversible error in the trial."
He said he thought the jury returned the correct verdict.
Because of the nature of the crime, prosecutors said, Allen would have to undergo testing for sexually transmitted diseases. The results, they said, would be made public.
Since his arrest, Allen has been stripped of his committee chairmanship in the House, ridiculed on late-night talk shows, labeled a racist for saying he thought the undercover officer was going to rob him and accused of using his position as a legislator to avoid prosecution.
Discipline possible
Although Friday's conviction carries no automatic penalty for Allen as a lawmaker, the House can discipline him for what it considers inappropriate conduct.
But it would take a two-thirds vote of the House to formally punish him through censure or reprimand.
It would take a two-thirds vote of the Legislature to expel him, a rarely used option that could come only after a select committee approves such action after a hearing.
Allen's term runs through fall 2008.
Even after his arrest, Allen said he planned to run for a seat in the state Senate in 2010.
But Republican Party of Florida Chairman Jim Greer said late Friday that Allen should "seriously consider his ability to effectively serve the citizens of his district, which should be one of his utmost priorities."
"I am confident that Speaker Rubio and the House of Representatives will take steps to uphold the integrity of the office, which may include Representative Allen's resignation or other available options," Greer said in a news release.
The jury of three men and three women deliberated for 3 1/2 hours before convicting Allen of agreeing to pay $20 to perform oral sex on Titusville Officer Danny Kavanaugh, who was working a burglary detail when he noticed Allen acting suspiciously at the park.
'Bizarro World'
During closing arguments earlier in the day, Eisenmenger told jurors the state's version reminded him of a comic-book land called Bizarro World, "where everything is backward."
As he had done throughout the weeklong trial, the defense attorney insisted it was Kavanaugh who solicited sex for money, not Allen.
But in his closing, Whitaker pointed to an enlarged mug shot of Allen's unshaven face and declared, "This is Bizarro World."
"Bob Allen making eyes at police, looking over a stall door at another man's eyes, going into that stall . . . looking at that man and saying, 'This is kind of a public place, isn't it?' That is Bizarro World."
Whitaker argued that even though Allen never used specifics during the July 11 encounter at the park, his intent was "unspoken but understood."
When the defense rested its case without presenting any witnesses, Allen told Brevard County Judge Oscar Hotusing he agreed with his lawyer's strategy.
Eisenmenger said he decided not to put Allen on the stand because he "didn't think it was necessary."
John Kennedy of the Sentinel staff contributed to this report. Laurin Sellers can be reached at lsellers@orlandosentinel.com.
Sentinel Staff Writer
November 10, 2007
VIERA
State Rep. Bob Allen's troubles may only get worse.
Seconds after he was convicted Friday of soliciting a sex act in a park bathroom, legislative leaders were discussing how to remove him from office.
"This conviction makes it impossible for Rep. Allen to represent responsibly the citizens of his district," Florida House Speaker Marco Rubio said in a statement. "Furthermore, it is my personal belief that it harms the reputation of the Florida House of Representatives. We will now take the appropriate steps."
Allen, R-Merritt Island, who did not testify in his own defense, insisted he is innocent.
"I have done nothing wrong, and my family, my God and my good constituents know that," Allen said as he left the courtroom flanked by his three attorneys. "We're going to continue to seek justice."
The lawmaker is scheduled to be sentenced Thursday for the second-degree misdemeanor charge and could face a maximum 60 days in the county jail and a $500 fine. Prosecutors said after the verdict was announced that they intend to seek jail time.
Also late Friday, Allen's lead attorney, Greg Eisenmenger, accused the state of prosecutorial misconduct and said he would seek a new trial.
Eisenmenger said Brevard Assistant State Attorney Pat Whitaker erred by commenting on a defendant's right to remain silent when he described Allen as hanging his head upon realizing he was about to be arrested July 11 outside Veterans Memorial Park in Titusville.
Whitaker responded: "I do not believe there was any reversible error in the trial."
He said he thought the jury returned the correct verdict.
Because of the nature of the crime, prosecutors said, Allen would have to undergo testing for sexually transmitted diseases. The results, they said, would be made public.
Since his arrest, Allen has been stripped of his committee chairmanship in the House, ridiculed on late-night talk shows, labeled a racist for saying he thought the undercover officer was going to rob him and accused of using his position as a legislator to avoid prosecution.
Discipline possible
Although Friday's conviction carries no automatic penalty for Allen as a lawmaker, the House can discipline him for what it considers inappropriate conduct.
But it would take a two-thirds vote of the House to formally punish him through censure or reprimand.
It would take a two-thirds vote of the Legislature to expel him, a rarely used option that could come only after a select committee approves such action after a hearing.
Allen's term runs through fall 2008.
Even after his arrest, Allen said he planned to run for a seat in the state Senate in 2010.
But Republican Party of Florida Chairman Jim Greer said late Friday that Allen should "seriously consider his ability to effectively serve the citizens of his district, which should be one of his utmost priorities."
"I am confident that Speaker Rubio and the House of Representatives will take steps to uphold the integrity of the office, which may include Representative Allen's resignation or other available options," Greer said in a news release.
The jury of three men and three women deliberated for 3 1/2 hours before convicting Allen of agreeing to pay $20 to perform oral sex on Titusville Officer Danny Kavanaugh, who was working a burglary detail when he noticed Allen acting suspiciously at the park.
'Bizarro World'
During closing arguments earlier in the day, Eisenmenger told jurors the state's version reminded him of a comic-book land called Bizarro World, "where everything is backward."
As he had done throughout the weeklong trial, the defense attorney insisted it was Kavanaugh who solicited sex for money, not Allen.
But in his closing, Whitaker pointed to an enlarged mug shot of Allen's unshaven face and declared, "This is Bizarro World."
"Bob Allen making eyes at police, looking over a stall door at another man's eyes, going into that stall . . . looking at that man and saying, 'This is kind of a public place, isn't it?' That is Bizarro World."
Whitaker argued that even though Allen never used specifics during the July 11 encounter at the park, his intent was "unspoken but understood."
When the defense rested its case without presenting any witnesses, Allen told Brevard County Judge Oscar Hotusing he agreed with his lawyer's strategy.
Eisenmenger said he decided not to put Allen on the stand because he "didn't think it was necessary."
John Kennedy of the Sentinel staff contributed to this report. Laurin Sellers can be reached at lsellers@orlandosentinel.com.
Posts
No comments:
Post a Comment