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Jury Selection To Begin In Allen's Sex Case

Representative's Attorney Objects To Trial Date Change

POSTED: Friday, October 12, 2007
UPDATED: 10:54 am EDT October 12, 2007

Embattled state Rep. Bob Allen may have his day in court sooner than he thought.

Judge Oscar Hotusing scheduled jury selection in Allen's solicitation of prostitution case for Friday at the Titusville courthouse, with his trial possibly starting on Monday.

Prosecutors said Allen offered $20 to perform a sex act on an undercover Titusville officer July 11 in Space View Park.

The judge had scheduled Allen's trial for Nov. 5 in Viera so there would be a larger pool of jurors from which to choose, Local 6 News partner Florida Today reported.

The latest decision was made in response to Allen's attorney, Greg Eisenmenger, filing a notice of expiration of speedy trial early Thursday, court spokeswoman Michelle Kennedy said.

Unless the defendant waives his right to a speedy trial, the court must schedule trial within 90 days of arrest. This notice lets the court know the expiration of the speedy-trial period, Eisenmenger said.

But Eisenmenger said he was surprised when he got the call just hours after he filed the notice that he would have to show up to court Friday morning.

"Obviously, I'm quite distressed over a concept that a case that was set Nov. 5 was moved at less than 24 hours notice," said Eisenmenger, who added he planned to object to the sudden trial date change.

Kennedy said Hotusing was in the middle of a trial week and already had a jury pool in place, making it logistically possible to start picking jurors.

A ruling on a motion by Eisenmenger to throw out a statement Allen allegedly made about his legislator status remains unresolved.

It is not known if Allen, who is in the middle of a special legislative session, would appear in court on Friday.

Watch Local 6 News for more on this story.

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