Judge Won't Drop Prostitution Charge Against Representative
Posted: 4:48 pm EDT August 27, 2007Updated: 5:20 pm EDT August 27, 2007
TITUSVILLE, Fla. -- The prostitution case against State Representative Bob Allen will go to trial. A judge denied a request to dismiss Allen's charges Monday afternoon. Also Monday, the undercover officer involved in the sting went face-to-face with Allen in court.
POLICE INTERVIEW: Rep. Allen Interviewed After Arrest
RAW VIDEO: Press Conference Held By Allen After Arrest
ARREST AFFIDAVIT: Read Allen's Arrest Affidavit (PDF)
The hearing wrapped up late Monday afternoon. The judge denied a motion to throw out the case against Allen.Also, the jury will not hear a taped interview between Allen and Titusville Police Department Assistant Chief John Lau. Prosecutors decided they don't need the tape and it might not have been admissible in court, because Allen had asked for his attorney on it.Prosecutors are still trying to get other statements Allen made to police admitted. The judge has yet to rule on two other statements.Allen didn't say a word during the hearing. At one point, he had to face Officer Daniel Cavanaugh, the Titusville police officer who was in the bathroom in Titusville this past July when the alleged crime occurred.Judge Oscar Hotusing heard arguments from Allen's defense attorney, Greg Eisenmenger, about why the case should be tossed out. Eisenmenger argued the officer was the one who initiated the conversation, the undercover officer was the one who asked for $20 and the officer was the one who suggested oral sex.The prosecutor, though, said there was still evidence of solicitation and that it should be a case for a jury to decide and the judge agreed.Allen's attorney's said they would not waive their right to a speedy trial."When you have an innocent client, you don't want to drag it out," Eisenmenger said.With Allen opting not to waive his right to speedy trial, it has to begin within 90 days of his arrest. The trial is set to begin the week of September 17.
The hearing wrapped up late Monday afternoon. The judge denied a motion to throw out the case against Allen.Also, the jury will not hear a taped interview between Allen and Titusville Police Department Assistant Chief John Lau. Prosecutors decided they don't need the tape and it might not have been admissible in court, because Allen had asked for his attorney on it.Prosecutors are still trying to get other statements Allen made to police admitted. The judge has yet to rule on two other statements.Allen didn't say a word during the hearing. At one point, he had to face Officer Daniel Cavanaugh, the Titusville police officer who was in the bathroom in Titusville this past July when the alleged crime occurred.Judge Oscar Hotusing heard arguments from Allen's defense attorney, Greg Eisenmenger, about why the case should be tossed out. Eisenmenger argued the officer was the one who initiated the conversation, the undercover officer was the one who asked for $20 and the officer was the one who suggested oral sex.The prosecutor, though, said there was still evidence of solicitation and that it should be a case for a jury to decide and the judge agreed.Allen's attorney's said they would not waive their right to a speedy trial."When you have an innocent client, you don't want to drag it out," Eisenmenger said.With Allen opting not to waive his right to speedy trial, it has to begin within 90 days of his arrest. The trial is set to begin the week of September 17.
Previous Stories:
- August 22, 2007: Representative Accused Of Racism, Meets With NAACP
- August 18, 2007: Representative Claims He Wasn't Read Rights
- August 15, 2007: Legislator Loses Committee Posts Over Prostitution Charge
- August 15, 2007: Legislator Reaches Out After Racial Comments
- August 3, 2007: Taped Evidence Released in Case Against Arrested Legislator
- July 12, 2007: State Rep. Says He'll Plead Not Guilty To Solicitation Charge
- July 12, 2007: State Representative Arrested In Park On Solicitation Charges
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