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Bob Allen Appeals Conviction In Sex Case

POSTED: Wednesday, May 21, 2008
UPDATED: 3:04 pm EDT May 21, 2008

Former Florida Rep. Bob Allen vowed on Wednesday that he was going to fight to clear his name.

"I'm looking forward to real justice," Allen said after arriving at the Moore Justice Center in Viera to ask an appellate panel to throw out his conviction on solicitation charges on grounds he didn't get a fair trial.

Allen, 49, arrived at the court, walking arm-in-arm with his wife, Local 6 News partner Florida Today reported. He was convicted last year of soliciting oral sex from an undercover police officer in a Titusville park.

Allen was sentenced Nov. 15 to six months of probation, a $250 fine and other court and restitution costs. The seven-year Republican lawmaker resigned a day later.

When asked by journalists why he didn't pay his fine and put it behind him, Allen said: "I didn't do it. I'm not guilty."

Among defense attorney Greg Eisenmenger's claims are that County Court Judge Oscar Hotusing incorrectly denied several motions for mistrial, and prosecutors made several "improper statements" that may have biased the jury.

However, his chief complaint is the judge failed to instruct the jury on parts of the law, which Eisenmenger said would have shown them Allen should never have been charged. As a result, the jury didn't understand his team's closing arguments, and Allen didn't get a fair trial, he said.

For Allen to be guilty of solicitation, he would have had to request money and sex from the officer, Eisenmenger said. Instead, authorities said Allen accepted $20 from an undercover officer offering to perform oral sex.

The court agreed to stay Allen's sentence pending the outcome of the appeal.

"We've got to persevere because we were right," Allen said.

Watch Local 6 News for more on this story.

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