MINNEAPOLIS – U.S. Sen. Larry Craig’s lawyers asked the Minnesota Court of Appeals today to allow the Idaho Republican to withdraw his guilty plea to disorderly conduct in a men’s bathroom at the Minneapolis-St. Paul International Airport last summer.
Craig was not present at the hearing.
The case against Craig fails to show he participated in criminal conduct, Washington, D.C.-based lawyer Billy Martin told the three-judge panel in his 15 minutes of argument. The panel, composed of Judges Natalie Hudson, Thomas Kalitowski and Chief Judge Ed Toussaint, has 90 days to issue a ruling. The judges vigorously questioned Martin.
When Martin talked about how the senator used a mail-in plea form rather than appear in person and lost a chance for an on-the-record discussion before the court about the charge against him, Kalitowski asked, “Didn’t (Craig) waive the right to a colloquy when he signed the form?”
Martin said he did but he did not waive the legal right that the complaint against him be adequate. He also argued that Craig’s behavior didn’t meet the standard for disorderly conduct because the law requires behavior to affect “others.”
But the judges seemed skeptical of that, noting several times that Martin himself said Craig was looking into a bathroom stall because all the stalls were occupied – meaning others were present in the facility.
Craig was caught last June by Sgt. Dave Karsnia in a sting operation at the airport. Karsnia was in a stall and said Craig peered in for more than two minutes from 3 feet away – so close the officer could see his blue eyes. When the next stall opened, Craig went in and then tapped his foot and waved his hand under the stall – behavior indicative of an interest in a sexual encounter, the complaint said.
But Martin said Craig was responding to Karsnia’s hand swiping and the senator’s behavior “was invited conduct.” Also, he was merely standing in front of a door waiting for a stall to open and that behavior “has not tipped the balance to guilt beyond a reasonable doubt.”
Hudson, however, noted that Karsnia said Craig was peering into the stall. “That’s a little different than standing back” waiting for one to open, Hudson said.
Martin said the judges “shouldn’t have to guess” what was happening from an inadequate record.
In his 15-minute argument, prosecutor Chris Renz said the plea should be allowed to stand because Craig failed to show a “lack of adequate judicial review.” The judges questioned Renz much less than Martin, who at times fumbled and was unable to respond to questioning. Renz in contrast spoke softly, calmly and quickly responded to all questions. He argued that by using the mail-in plea, Craig waived his rights to appear and question the evidence.
Craig’s mail-in plea was accepted by Hennepin County District Court Judge Gary Larson. District Court Judge Charles Porter allowed the plea to stand.
Metropolitan Airports Commission spokesman Patrick Hogan and Renz declined to comment as they left.
In a news conference, Martin said Craig was in a hurry and signed off on a plea because “he was told if you pay a fine this will go away.”
Craig is not seeking re-election.
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© 2008, Star Tribune (Minneapolis)
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