Senator Larry Craig's New Defense Strategy: 'The Cop Started It'

Buy an ad on DigitalJournal.com

The filing with the Minnesota Court of Appeals is the latest in what has become perhaps the biggest misdemeanor case in Minnesota court history. Lawyers representing Minneapolis-St. Paul International Airport, which is prosecuting the case, have a month to file their reply.

The state's disorderly conduct statute says the conduct in question has to alarm or anger others , plural, and Craig's attorney's alleged that his actions affected just the undercover officer. The brief went on to state that the undercover officer couldn't have been offended by the senator's foot tapping as the officer himself invited the action by tapping his own foot.

"In short, the facts here simply do not constitute the crime of disorderly conduct," the lawyers wrote in a 96-page brief. "The conduct ... viewed in its worst light, does not rise to the level of disorderly as that conduct is contemplated under Minnesota law."

Despite Craig's voluntary guilty plea, if the facts don't support the charge, the plea is inaccurate and should be thrown out, the brief contends.

Senator Craig became a household name on June 11th when, while on a layover at the Twin Cities International Airport, he entered a men's restroom in the Northstar Crossing and, according to undercover police Sgt. Dave Karsnia, engaged in several foot tapping and hand motions, as well as some furtive eye movements. These actions are apparently routinely used by men soliciting gay sex.

According to police records, Craig was in one stall, and Karsnia was in the stall next to him. Their feet touched. The officer said Craig swiped his left hand under the stall divider three times, with his palm facing upward, a motion the officer said was a secret signal used by men seeking anonymous sex.

In response to Craig's actions, the officer displayed his badge under the divider, which prompted Craig to cry out, "No!" The senator exited the stall and was escorted to the airport police office. Craig then reportedly pulled out his Senate business card and showed it to the officer, and said, "What do you think of that?"

Craig was then charged with one count of "interference with privacy," a gross misdemeanor, as well as misdemeanor disorderly conduct. In proceedings handled via phone calls and mail, Craig pleaded guilty to disorderly conduct and paid $575 in fines, and the state dropped the privacy charge.

Once the news of his arrest became public knowledge, Craig changed his plea, stating he had "overreacted and made a poor decision" and reiterating that he is not gay, and never has been gay. He went on to indicate that he was under pressure at the time due to the fact that a newspaper, the Idaho Statesman, had been investigating his supposed gay lifestyle.

In December, the Statesman published statements from five men, four of them named, who claimed they had sexual encounters with Craig. The senator said the statements were "completely false."

Locally, the senator is represented by longtime Minneapolis attorney Thomas Kelly, who, when asked for comment, replied,

"Never drive over to St. Paul to have a filing with your puppy in the car. She's barking at every strange sound and smell."

He did not elaborate.

Craig' legal defense team also contend a person committing disorderly conduct "must know that his conduct will tend to arouse, alarm, anger, or resentment." But Craig argued that didn't happen because his actions were in response to the cop's behavior.

Here, they wrote, "Sgt. Karsnia invited the alleged intrusion."

The American Civil Liberties Union has stated that it intends to file a brief, due by January 15th, in support of Craig's arguments.

My guess is this is going to be a long, drawn out event that will give the main stream media plenty to chew on in the months to come.