Craig files papers to withdraw guilty plea in sex sting

MINNEAPOLIS — Sen. Larry Craig filed papers today seeking to withdraw his guilty plea in an airport sex sting, arguing that he entered the plea under stress caused by media inquiries into his sexuality.

Craig, an Idaho Republican, pleaded guilty in August to disorderly conduct following his June arrest in a sting operation in a men's bathroom at the Minneapolis airport.

In a "state of intense anxiety" following his arrest, Craig "felt compelled to grasp the lifeline offered to him by the police officer," namely, a guilty plea Craig hoped would keep the matter from being made public, said the court papers filed in Hennepin County District Court.

The filing said Craig's "panic" drove him to accept the plea rather than seeking the advice of an attorney.

In an interview before the filing, Craig's attorney, William Martin, cited pressure from Craig's hometown newspaper, The Idaho Statesman, which spent months investigating whether Craig engaged in homosexual encounters.

Statesman executive editor Vicki Gowler issued a statement today defending the paper's investigation, which she said was done with "great care." She said its length was "due in large part to difficulties we encountered getting information from the senator."

Craig, who has denied such suggestions and accused the newspaper of conducting a "witch hunt," was so concerned about that investigation, he quickly pleaded guilty when arrested in the bathroom sex sting, Martin said. Craig did not consult with a lawyer or appear in court.

He figured, "I'm innocent but if this will make it go away I'll do it," Martin said in an interview on NBC's "Today" show.

A police report alleged that Craig had solicited sex from a male officer at the Minneapolis airport in June. That officer, Sgt. Dave Karsnia, wrote in an arrest report that Craig had tapped his foot and waved his hand under the stall divider, signals that Karsnia interpreted as soliciting. Karsnia also wrote that Craig peered into his stall for an extended period.

Craig asserted his innocence throughout the 16-page filing. He peered into the stall simply to see if it was free so he could use it, according to the filing, which also said his foot-tapping was innocent.

The filing also argued that Craig wasn't advised of the exact nature of the charges when Karsnia told him he could plead guilty. The handling of his guilty plea through the mail also denied Craig the right of having a court determine if the plea was valid, according to the filing.

The prosecutor will oppose Craig's motion, said Patrick Hogan, a spokesman for the Metropolitan Airports Commission, which runs the airport and handled the prosecution of this case.

"We do feel we have a strong case, and he's already made his plea, and it's been accepted by the court," Hogan said before the filing on today. "From our standpoint, this is already a done deal. Mr. Craig was arrested and signed a guilty plea, and from our standpoint, this case is already over."

Craig's three-page plea petition includes acknowledgments that, "I understand that the court will not accept a plea of guilty from anyone who claims to be innocent," "I now make no claim that I am innocent...," and, "I did the following: Engaged in conduct which I knew or should have known tended to arouse alarm or resentment ... ." Craig signed the bottom of each page.

Craig was sentenced to pay $575 in fines and fees and was put on unsupervised probation for a year, with a stayed 10-day jail sentence.

To reverse his guilty plea Craig would have to convince a judge there was a "manifest injustice" in the case. Often that includes sentences that were harsher than the one anticipated in the plea bargain, but that didn't happen in Craig's case. Legal experts have said such motions are rarely brought, and when they are they are rarely successful.

Motions to withdraw a guilty plea are usually heard by the same judge who heard the original case, usually at least two weeks after they're requested, court officials have said.

In exchange for Craig's plea, the prosecutor dropped a gross misdemeanor charge of interference to privacy. If he is allowed to withdraw his guilty plea, the prosecutor would have the option to re-file the dropped gross misdemeanor interference with privacy charge, which stemmed from an allegation that Craig peered into the bathroom stall occupied by the undercover police officer.

A conviction on that gross misdemeanor charge could bring a jail sentence of up to a year, although it would be unusual for a defendant to receive the maximum sentence.

AssociatedPresswritersAmyForlitiinEdinaandMattApuzzoinWashingtoncontributedtothisreport.