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Jury Selection Begins In Allen Sex Case

State Representative Accused Of Soliciting Undercover Officer

POSTED: Monday, November 5, 2007
UPDATED: 3:05 pm EST November 5, 2007

Attorneys choosing jurors for the sex solicitation trial of state Rep. Bob Allen ran into problems on Monday morning after several people in the jury pool indicated they could not set aside their opinions about the case.

By lunch, attorneys dismissed nine of 14 potential jurors who said they already believed the seven-year legislator, accused of agreeing to pay an undercover police officer $20 to perform a sex act at a park in Titusville, was guilty based on information they had heard in media accounts of the trial evidence.

Allen, being tried on a single charge of soliciting prostitution, faces a $500 fine and up to 60 days if convicted.

Flanked by his three attorneys, Allen appeared calm as he sat at the defense table in courtroom 3C of the Moore Justice Center in Viera. The courtroom was packed with media, attorneys and other spectators, Local 6 News partner Florida Today reported.

Allen's wife sat in the audience behind him.

Prior to jury selection, Judge Oscar Hotusing denied defense motions to strike a last-minute statement and rebuttal witness who was presented by the state on Friday. Hotusing said any concerns may be addressed prior to questioning if prosecutors decided to use the evidence.

Hotusing also agreed to allow the defense to present evidence as to how much money was in Allen's pocket at the time of his arrest and a portion of a police video that focuses on a plaque bearing Allen's name at the alleged crime scene.

Prosecutors had argued that jurors might look more favorably upon Allen because he helped raise funds to build the park. But Allen's attorney, Greg Eisenmenger, said that is "critical" to their case because it helps explain why he was walking the park. The defense claims Allen was there in preparation for a fundraiser.

Watch Local 6 News for more on this story.

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