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Allen Found Guilty Of Soliciting Gay Sex

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The Associated Press

Published: November 10, 2007

VIERA - Republicans pressured a Florida House representative to resign after his conviction for trying to pay for gay sex with an undercover police officer.

A three-man, three-woman jury deliberated nearly 3 1/2 hours Friday before finding state Rep. Bob Allen, R-Merritt Island, guilty of soliciting prostitution, a misdemeanor. Allen was accused of peering over a stall at a young, black undercover police officer, then agreeing to pay $20 to perform oral sex on him.
Florida law provides automatic expulsion for legislators convicted of felonies, but not misdemeanors.

Speaker Marco Rubio, who already stripped Allen of his Energy Committee chairmanship, said the House would act further if Allen didn't resign.

"The House has reserved action on this matter to allow Rep. Allen the right to conduct his defense and to ensure that all the facts were made available," Rubio said in a written statement. "This conviction makes it impossible for Rep. Allen to represent responsibly the citizens of his district."

"We're going to continue to seek justice," Allen said. "I am innocent; I've done nothing wrong."

Allen's defense said all along he wasn't soliciting sex, but instead was suspicious of Titusville Officer Danny Kavanaugh. Defense attorney Greg Eisenmenger said Allen thought he was being robbed, so he went along with whatever the officer said. Even if he was trying to have sex, Eisenmenger told the jury, Allen was not guilty because the officer first mentioned money.
Kavanaugh and another undercover policeman were surveilling a nearby condo for burglars when they allegedly saw Allen stare at them and enter the restroom several times. Kavanaugh got approval to investigate.
Kavanaugh said the state house veteran peeked into the handicapped stall when he entered for a paper towel, then went inside to join the officer.

He testified that Allen asked to go somewhere private, then he said to Allen: "I'm looking to get some money. Can you hook me up with $20?"

"Sure, I can do that. But this place is too public," Allen allegedly said.

Allen's defense said he couldn't have looked into the stall and made eye contact with Kavanaugh because he wasn't tall enough to see past the 5-foot-7-inch stall door. Kavanaugh is 6 feet tall; Allen is listed in police documents at 5-foot-11.

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