jack said:
You don't think he solicited sex in a men's public toilet?
I don't know that he did or didn't and the "evidence" doesn't make that clear to me. On one hand, we have an undercover officer stationed in a public restroom that he has reason to believe is frequented by men looking to engage in sexual activity with other men while in the restroom. That is his purpose and that is what he believes he will find there. On the other hand, we have an older man who comes in to the bathroom. For all I know, Craig expected to find a place to take a dump.
This is the evidence:
The undercover officer said Craig fidgeted with his hands while standing outside the stalls. Well, when I'm holding it in and the stalls are full, it is quite possible I'll be standing there fidgeting with my hands, my legs crossed at the knees, and some kind of weird "I've got to pee" look on my face.
The undercover officer said he could see Craigs eyes through the little slit between the door and the door jamb. Well, I've seen women accidentally look through that little slit in between the door and the jamb and make eye contact with me. I've done it myself. It wasn't trying to "peep," it was an accident. You really have to be self conscious and ever vigilant to never do it accidentally.
The undercover officer said Craig's foot touched his. Okay, now Craig said he spreads his legs wide when he sits on the pot so his pants don't drop down on the floor. I do that too. Craig also said he saw the officer move his foot next to him. That is a little weird, but it sounds like a set up too.
The undercover officer said Craig tapped his foot and that it is his experience that older men do that when they are soliciting sex in restrooms like this. I don't know about that. However, I've been known to whistle while I'm passing the time. What do you do while you're sitting there waiting for that little turd to let loose and come on out? I've also been known to take off my shoes and straighten my socks or stockings, then put my shoes back on and tap my foot back into my shoe. Oh, god, in some places in the world that would make me an old gay guy looking for sex.
The undercover officer said Craig rubbed the fingers of his left hand along the bottom of the divider wall between their stalls. Okay, Craig said he was picking up a piece of paper. Maybe, maybe not. However, even the officer acknowledged that Craig was sitting on the toilet while this was going on, which put Craig's right hand nearest the dividing stall wall. That is a nifty trick for an older guy to do that.
Then, if you listen to the tape, the officer is calling Craig a liar period. He tells Craig he can plead guilty to a misdemeanor, pay the fine and he is done with it or he can plead not guilty and the officer will show up in court and swear Craig solicited him.
Now, this is where Craig messed up - much like Clinton did when he said "I did not have sex with that woman." Just like Clinton should have said "It is none of your business," Craig should have told the officer, "I'll see you in court."
I can see why Craig would want this to disappear. Some years back there was a scandal about some senators having sex with young male interns. While Craig was crucified in the media, he was not one of those that was indicted or even under investigation.
My problem with this whole thing is circumstantial evidence put Craig in a situation where he is screwed or he is screwed. It is my understanding of the law that a person is innocent until proven guilty. It is also my understanding of the law that every person is allowed to have their say in court. The officer may have had reasonable suspicion to stop Craig, even to give him a ticket, but he had no business bullying Craig into believing his day in court would be in vain. If the officer was doing his job, he would have substantial evidence that would stand up in court - like an actual solicitation, exposure, something tangible or incontrovertible - instead of circumstantial evidence so that he would have to bully his victim into pleading guilty to a lesser fine so he could go on about his business.
Now, you say, so what? Well, what if the guy in that restroom was you? How would you like that little sex misdemeanor on your record? What would your family think about that? What about employers? What about when you apply for loans for a major purchase? How about when you enroll in college - even just to take a continuing ed class? What about when the nosy neighbor down the road runs your name through an internet site for $19.99 and discovers you are a bona fide convicted sex offender? Think the Homeowners Association will want you in the neighborhood? How do you think you will feel when you are on the list of guys to watch out for by the Neighborhood Watch gang? Or when you notice the little moms and dads steering their kids away from your house on Halloween because you are a nasty old man?
The police are here to protect and to serve, not to turn old men using the potty into criminals.