Sen. Craig appeals judge's ruling from airport arrest

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U.S. Sen. Larry Craig, R-Idaho.

The Idaho Republican filed with the Minnesota Court of Appeals, but papers don't show the grounds for his request.

By Rochelle Olson, Star Tribune

Last update: October 15, 2007 - 11:15 PM

Sen. Larry Craig formally appealed his disorderly conduct conviction Monday, opening another round in his legal battle, which will take at least several months to resolve.

The four pages of documents don't indicate the grounds on which the Idaho Republican is appealing the Oct. 4 decision of Hennepin County District Judge Charles Porter Jr., that let stand Craig's conviction for trying to solicit an undercover cop in a restroom at the Minneapolis-St. Paul airport.

Porter denied Craig's request to withdraw the Aug. 8 plea he made by mail. Craig argued that the plea was not accurate, voluntary or intelligent. But Porter wrote: "The defendant, a career politician with a college education, is of, at least, above-average intelligence. He knew what he was saying, reading and signing." He also said the facts supported a conviction.

The police report alleged that in June, Craig, who was on a layover between flights, solicited sex in a restroom stall from an undercover officer.

Craig claimed that he mailed in a guilty plea in part because he was worried and feeling pressure from a months-long investigation by the Idaho Statesman newspaper into his sexual orientation.

After Craig's arrest became public, the Statesman published its five-month investigation into previous allegations of homosexual behavior. The senator, who has a wife, has said he is not gay. He initially said he planned to resign his Senate seat but now plans to serve out his term.

After the Appeals Court receives the transcript of Craig's hearing before Porter, the senator has 60 days to file a brief. The prosecutors then have 45 days to file their brief. Oral arguments will be within eight months of the filing of the prosecution's brief. The court will have 90 days to file a decision after the arguments.

Twin Cities defense lawyer Ron Meshbesher said he thought Craig's best shot at overturning the conviction was at the District Court level. It gets more difficult now.

The standard for setting aside Porter's ruling is abuse of discretion, which Meshbesher noted is "a tougher standard to overcome." But he added that it's not out of the question that Craig could prevail. "If the Court of Appeals decides the case should be overturned, they find abuse of discretion. It's results-oriented."

Meshbesher said it's difficult to predict what the court will do. "I wouldn't bet my money on any case that goes up there," he said.

On another front, Craig sat down for his first post-arrest network interview Sunday, which will air tonight on NBC.

Craig complained that GOP presidential candidate Mitt Romney "threw me under the campaign bus" when news of his arrest came out.

"He not only threw me under his campaign bus, he backed up and ran over me again," Craig told Matt Lauer.

When news of the arrest broke in August, Romney called Craig's behavior "disgraceful" and urged the senator to resign. Craig was Romney's Senate liaison before resigning.

Romney spokesman Kevin Madden defended the presidential candidate's response. "Gov. Romney simply believes that a public office is a public trust," Madden said. "He believes when a public official enters a guilty plea, they have broken that public trust and should step aside for the sake of their constituents."

Rochelle Olson • 612-673-1747

Rochelle Olson • raolson@startribune.com

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