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Former State Representative Back In Court Fighting Solicitation Conviction

POSTED: 6:06 pm EDT May 21, 2008

Former state representative Bob Allen was in court Wednesday to fight his conviction for sexual solicitation, but his appeal focused not so much on the case but how the law was worded.

Despite the jury's verdict and lots of embarrassing evidence, Allen swears up and down he's innocent. He wants either a new trial or to get the conviction overturned.

With his wife by his side, Allen walked into court hoping to clear his name Wednesday.

"I didn't do it. I'm not guilty. This has been a horrible thing to happen to my family and I'm looking forward to real justice," Allen said.

Last year, jurors found Allen guilty of soliciting sex from an undercover officer in a bathroom at a Titusville park. Allen's attorney argued in front of a panel of three appellate judges that conviction should be tossed out.

"It is the police officer that introduces the subject of a sex act. It is the police who introduces the subject," said Allen's attorney, Greg Eisenmenger.

Allen's argument is that the officer was the one who solicited him and he went along with it because he was scared.

"The state just wants to equate the officer's solicitation and Bob's acceptance with it as a crime and it simply isn't," Eisenmenger said.

Allens' attorney said, since he wasn't allowed to make that argument in front of jurors, there should at least be a new trial. But the prosecutor says the case was rock solid and Allen was clearly looking for sex.

"He looked around the stall, made eye contact with the officer, then entered the stall," said prosecutor Pat Whitaker.

Police say he then asked the officer to go somewhere more private, inquired if he was cop and agreed to pay $20 for a sex act.

The three judges will now meet and try to make a decision. All it takes is for two of them to agree. The decision could come down anywhere from a week from now to months from now.


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