HiddenMysteries: GOP Bush Lover Perv Trial Visits Public Toilet Scene of the Crime On "Field Trip"

Wonder what it's like to be the jury on the field trip to Space View Park restroom in Titusville to see where Florida lawmaker Bob Allen: 1) went to the public restroom to avoid a lightning storm that was about to start. 2) claimed to be intimidated by the "stocky black guy" (the police officer) and his observation that there "was nothing but other black guys around in the park" and that he believed that he was about to be robbed. 3) offered a black undercover cop $20 as payment for Allen could blow him.

4:53 p.m.: Juror released from duty

A juror was released because of a personal appointment that conflicts with the trial schedule.

Hotusing said the court would not be done in time for her to make a Friday afternoon flight and that it was not fair to ask the juror to cancel her flight.

Attorneys previously told the jury they thought the proceedings would be complete by Friday.

The dismissed juror was not allowed to speak to anyone about the case until it is complete, Hotusing said.

Testimony will not continue today. Hotusing had previously told news media and spectators testimony would not continue and said he did not want to change the decision since all spectators and most news media did not return after the trip to Space View Park.

4:07 p.m.: Jurors examine Titusville park

It’s not clear whether testimony will continue after returning from a trip to Space View Park in Titusville.

The six jurors and two alternates were seen along the waterfront of the park before heading to the park bench where Titusville officers sat on July 11.

After taking turns sitting on the bench, jurors headed into the men’s restroom to view the handicapped stall where the exchange between Kavanaugh and Allen allegedly occurred.

If testimony continues, Titusville police Cpl. Erich Barrett will take the stand.

1:55 p.m.: Jury hits the road

The jury will take a field trip to Space View Park in Titusville to view the park and its restroom.

The jury just left the courtroom and will driven in a van to the park.

Brevard County Court Judge Oscar Hotusing said the jurors will come back to the courtroom, but no more testimony will be heard this afternoon.

Testimony will continue in the morning.

1:30 p.m. update: Defense says officer forced sex issue with Allen

Defense attorney Greg Eisenmenger accused Titusville Police Officer Daniel Kavanaugh of doing “anything it took” to ensure state Rep. Bob Allen solicited sex.

Kavanaugh said he stopped about 10 to 15 feet from Allen’s car after an exchange in the restroom because he was determined not to get into the vehicle.

The officer said he was planning on letting the lawmaker go if a crime had not been committed.

But Eisenmenger questioned whether the officer was actually going to let Allen go without forcing him to commit a crime after clearing the sex sting with his supervisor Cpl. Erich Barrett.

“Isn’t in a fact that from the moment you got of the phone with Cpl. Barrett, you were determined you were going to arrest Mr. Allen and you were going to do anything it took to make sure a crime took place?” Eisenmenger asked.

“No, sir,” Kavanaugh replied.

Kavanaugh testified that he mentioned the $20 in the restroom and that he later suggested performing a sex act on Allen. But Allen replied that he thought Kavanaugh “might want one.”

Eisenmenger questioned whether that was an offer.

“Yes sir, I think a reasonable person would believe so,” Kavanaugh replied.

Kavanaugh said he was confused and clarified if Allen would still pay $20, to which the lawmaker agreed.

Eisenmenger characterized the exchange as Kavanaugh soliciting Allen, a charge the officer denied.

11:15 a.m. update: Defense questions why officer would place himself in danger

Defense attorney Greg Eisenmenger questioned why Titusville Police officer Daniel Kavanaugh would put himself in a dangerous situation as the second day of testimony began in the solicitation trial against state Rep. Bob Allen.

Kavanaugh -- who arrested Allen on July 11 -- and two other Titusville officers were in Space View Park doing a burglary investigation when they said Allen was acting suspicious and appeared to be “hitting on them.”

Because the burglary investigation was uneventful, Kavanaugh decided to see if Allen, who he didn’t know at the time, was seeking sex for money.

Kavanaugh entered the restroom to wash his hands when Allen entered and went to a stall. Kavanaugh then went into the rear handicapped stall to find paper towels to dry his hands, he said.

Eisenmenger questioned why Kavanaugh would go into a back restroom where other officers would not be able to see him.

Kavanaugh testified officers Leamon Jackson and Johnny Jordan would have been able to come to his assistance from their seats on a park bench.

“Officer Jordan and Officer Jackson weren’t chained to that bench, they could get up at any moment and move as freely as you and I,” he said.

Eisenmenger also questioned how Allen was able to fit into the stall with Kavanaugh, who testified he was standing in the middle against a far wall.

Kavanaugh said the stall was large enough to accommodate two adults.

“The stall is big. From where I was standing, a person could walk into the stall and sit on the toilet, use the sink or use the paper towel dispenser without me moving,” he said.

He first estimated the width at about 10 feet. But when Eisenmenger brought out a tape measure, he reduced his estimate to “less than 10 feet.”

http://floridatoday.com

GOP Bush Lover Perv Trial Visits Public Toilet Scene of the Crime On "Field Trip"

Friday, November 09 2007 @ 09:22 AM CST