Lessons from the Mortification of Senator Larry Craig
In early September, 2007, news anchors began chatter about a scandal involving Idaho’s Senator Larry Craig. There was an altercation between Sergeant Dave Karsnia of the Minneapolis Metropolitan Airports Commission Police Department and Craig on 11 June, 2007. Karsnia was acting as a decoy for gays trying to hook up.
The confrontation resulted from an arrest for lewd behavior. The charging document contained detailed allegations from the arresting officer and homosexual sex was the issue.
Only recently did the press get wind of the affair, after the guilty plea was entered on 08 August, 2007. That resulted in some soul searching about the late discovery. But, no one seemed to be capable of researching the matter.
The problem is that Craig is a family value Republican. Now, he could be called a queer. Anything that smacks of sexual scandal is great news for a voyeuristic public. So the choir singers sang to each other about his terrible behaviors.
I admit I have no affinity for the family value folks simply because that phrase is such a nebulous term. My family values can be diametrically opposed to another’s family values. I don’t believe in beating the sin out of child while others will require an exorcism.
It was on Xinhuanet.com that I first saw a news item that mentioned a recording of Craig’s denial of the crime at the time of the arrest, as well as the lengthy conversation between the accused and the accuser.
I located the recording and the transcript.
Meanwhile, pundits on the Sunday morning discussion groups were talking about the issue as if they were knowledgeable. The gang on the 2 September, 2007 Fox News Sunday babbled about events that did not happen and made statements that were pulled out of their various orifices.
Others made gleeful attacks on Craig that were based on the premise that he was family values and his homosexuality undermined any claim he had. Press, comedians, and fellow Republicans picked up their pitchforks and torches.
Well, according to the arresting officer and decoy, Craig’s actions were that he bumped his foot against the decoy’s. And, that Craig rubbed the bottom of the stall wall “from front to back” two times. There was no grabbing, verbal propositions, nudity, or single finger gestures.
The decoy was located in the stall to the right of Senator Craig. In the complaint, Karsnia claimed that the other stalls were empty before and after Craig’s enthronement. He also claimed that Craig stood for a couple of minutes twiddling his fingers prior to entering his stall. Karsnia accused Craig of being agitated and demeaning upon his arrest.
Craig stated that he waited for a stall opening then prepared himself for the commode. He agreed that the feet of the two may have bumped. Then he picked up a piece of toilet paper that fell on the floor. Soon, Sergeant Karsnia passed his business card under the partition. After the arrest, Craig accused Karsnia of entrapment. Craig expressed concern about catching his flight.
Apparently, the Senator only had time to tease the decoy.
For his part, Sergeant Karsnia stated that while Craig spent those couple minutes waiting outside the stall, he was peering through the crack in the doorway to Karsnia’s stall.
Karsnia also accused Craig of lying and disrespecting him. Karsnia stated that he expected people from the “hood” to lie. He also said, “No wonder we’re going down the tube.” I guess if Craig had been a black Senator, Karsnia would have expected lying.
The Senator pleaded guilty to the misdemeanor and paid a small fine. Once he signed the plea, his fate was sealed. He said that his error was not consulting with an attorney. But, attorneys routinely advise clients to accept a misdemeanor plea since it is too costly to contest the charge, and the consequences are nil.
But, that is not the case. For Craig, the circling pundits demonstrated that the consequences were not trivial. His own Republican Party ostracized him and forced his resignation from the Senate.
Plus, he now has a criminal record that anyone can hold up as proof of his imperfection.
Beside his guilty plea, Craig erred in discussing the case with the arresting officer. The man either had enough evidence or he didn’t. The discussion only allowed Karsnia to attack the accused and shift statements about his allegations.
This demonstrates that pleading should not be done lightly or as a matter of convenience. If your attorney insists you plead to a misdemeanor of which you are innocent, your answer should be no.
Now consider for a moment that you are in an airport far from home and get misdemeanor citation for lewd conduct. The cost of returning for a hearing is prohibitive. The hope of the authority is that you will cave and plead. You might not have the no contest option. Well, then, I would still plead innocent either via a form or letter. If I cannot make the hearing, so be it. Those convenience guilty pleas are dangerous.
This is a message to all males using men’s public bathrooms. Only look at the floor; make certain your stall has an empty one‑stall buffer on each side; and never pick up toilet paper. Otherwise, a Sergeant Dave Karsnia clone will get his man. That man will be you.
by Brian McCorkle
in category Criminal Justice,Rants
