MANATEE COUNTY - Prosecutors are moving ahead with a case against one of two 93-year-old men picked up during undercover prostitution stings.
In the case of Frank Milio, prosecutors have issued subpoenas and plan to take him to trial in April.
Milio, according to police records, tried to pay $20 in November to an undercover officer on 14th Street West.
Milio recently told the Herald-Tribune he was only flirting with the woman.
"I haven't had that in years," he said. "Ninety-three is kind of old."
Carlos Underhill, 93, will not be charged, although he does not deny stopping to chat with the "good-looking girl" who made eyes at him and turned out to be an undercover officer.
Police say Underhill was willing to pay $30 for sex and that he promised to come back a few hours later to consummate the deal.
Prosecutors say that they cannot move ahead with the criminal case because there is no way to prove Underhill planned to come back.
Underhill was fined $150 for trying to pick up a prostitute in 1990, when he was 75. In the latest case, he says, he was not cruising Tamiami Trail for sex: He just wanted to chat with the buxom woman who smiled at him as he drove past.
"All I was going to do was talk," he said Monday. "It wasn't for sex. I am 93, you know."
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