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Allen Defense Questions Police Tactics

POSTED: Thursday, November 8, 2007
UPDATED: 12:43 pm EST November 8, 2007

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," Local 6 News partner Florida Today reported.

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 that 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."

Watch Local 6 News for more on this story.

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