Originally posted by: dmcowen674
Unbelievable
Now he has filed to reverse the Guilty plea:
9-10-2007
Craig files to withdraw guilty plea
MINNEAPOLIS - Sen. Larry Craig filed court papers Monday 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.
In a "state of intense anxiety" following his arrest, Craig "felt compelled to grasp the lifeline offered to him by the police officer" and pleaded guilty to the disorderly conduct charge in hopes the matter would not be made public, said the court papers filed in Hennepin County District Court.
The filing said Craig panicked and accepted the plea rather than seeking the advice of an attorney. As a result, Craig's guilty plea was not "knowingly and understandingly made," and the evidence against him insufficient to support the plea, the papers said.
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. Craig has denied such suggestions and accused the newspaper of conducting a "witch hunt."
Patrick Hogan, a spokesman for the Metropolitan Airports Commission, which runs the airport and handled the prosecution of the case, said the prosecutor will oppose Craig's motion.
"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. "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."
To reverse his guilty plea Craig would have to convince a judge that there was a "manifest injustice" in 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 refile 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.