Foley Back From Rehab; Florida Considering Charges

March 28, 2007 5:00 AM

Brian Ross and Vic Walter Report:

Foley_im_florida2_layers_nr Florida law enforcement officials are building a possible criminal case against disgraced former Congressman Mark Foley, R-Fla., based on sexually explicit instant messages that were sent from Pensacola, Fla., to an underage high school student, thereby falling under the state's tough law on Internet sexual predators, ABC News has learned.

"It's a broad statute, and it encompasses a lot of activity," said Maureen Horkan, the director of the Child Predator CyberCrime Unit in the Florida Attorney General's office.

Foley has begun to re-emerge publicly in Palm Beach, Fla., after spending weeks at an Arizona rehabilitation center for what his lawyer described as issues involving substance and his own alleged sexual abuse as a minor.

He was seen last week bicycling along South Ocean Boulevard wearing a helmet and bike racing outfit.

Unlike federal law, the Florida statute makes it a crime simply to use lewd or explicit language "that is harmful to minors."

Click Here for Full Blotter Coverage.

In several of the Foley messages, reviewed by ABC News, the former congressman urges or describes certain sexual acts.

"How my favorite young stud doing," Foley, using the screen name Maf54, asks at the beginning of the exchange.

"Did any girl give you a hand job this weekend," Maf54 asks a few minutes later.

The 17-year-old boy responds, "lol no."

"Good so your getting horny," Maf54 says, adding later, "i am hard as a rock...so tell me when your reaches rock." 

Later, Maf54 writes, "um so a big buldge [sic]."  "Love to slip them off of you and gram [sic] the one eyed snake."  "get a ruler and measure it for me."

"I can't say specifically what the outcome of that particular case would be, but I can say that having looked at that language, there are elements of that language that would certainly qualify it, if a jury were to believe that, it would be criminal," said Horkan who has reviewed the messages.

"If the child listens and complies and follows someone else's instruction, even though they are in totally separate places, that crime has been committed," said Horkan.

She says her unit has prosecuted a number of such cases.

Federal law enforcement officials say they have had difficulty bringing charges against Foley because they have not been able to prove actual sexual contact with a minor, as required under federal law. Washington, D.C. law defines the age of consent as 16.

Since the messages were first revealed by the Blotter on ABCNews.com last September, leading to his resignation, Foley has consistently denied sexual contact with any of the underage former congressional pages with whom he exchanged explicit language about sex acts.

Officials say the text in the Foley instant messages make it clear he was in Florida and knew he was dealing with someone under the age of 18.

People familiar with the case said one instant message in particular, from Pensacola, could serve as the foundation of the case because it would allow charges to be brought in a county far from Foley's Palm Beach, where he was a popular figure.

Law enforcement officials say any decision to bring charges is still a month or two off and also depends on testimony from the former pages who received Foley's messages.

Stephen Jones, a lawyer for one of the former pages, says his client has been questioned extensively by Florida state agents. 

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March 28, 2007 in Mark Foley Internet Scandal | Permalink | User Comments (27)

User Comments

We the people in Land O Lakes Florida WOULD LOVE for the GMA staff to know what we know about Congressman Foley...
Land O Lakes, Fl is known for the Nudist communities. From Trailer/RV parks to Million Dollar FAMILY NUDIST RESORTS.
I have worked for two resorts for many years.
Little known fact about Mr. Foley... A couple of years ago he tried to shut down the Nudist resorts because there were children on the properties. He felt that nudist communities should never have children live or visit "such places". The nudist resorts in Land O Lakes Florida bring Billions of dollars to the community. The county, including congressman Victor Crist promotes the family resorts BECAUSE of the money that is generated here.
To hear what Mr. Foley had done regarding porn and childrenn on his computer really shocked all of us!
Just thought you'll might get a kick out of what happened here in Florida.
LOVE GMA - I WATCH IT EVERYDAY!!

Posted by: Marilee Hitchcock | Mar 28, 2007 8:20:24 AM

He's a nasty perv and should go to Jail... Don't Pass Go!!!!

Posted by: Jimmie Highsmith, Jr. | Mar 28, 2007 8:25:39 AM

Well, well, another fine example of our "fair and balanced" judicial system! If this was Joe blow construction worker he would have already been incarcerated with the rest of the pedophile's wondering what went wrong!

Posted by: erick morton | Mar 28, 2007 8:37:03 AM

Nail him to the wall. Just like they would the common folk.

Posted by: billos | Mar 28, 2007 10:17:23 AM

I think the Federal law enforcement response that they have had trouble bringing charges because they have not been able to prove actual sexual contact with a minor is disingenuous. Title 18 of the US Code, Section 2422, paragraph (b)reads: "Whoever, using the mail or any facility or means of interstate or foreign commerce ... knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in ... any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than five years, and not more than 30 years." Enough said.

Posted by: a miller | Mar 28, 2007 10:35:58 AM

Hope they can prosecute the pervert! He is disgusting!

Posted by: Johnny | Mar 28, 2007 11:34:59 AM

I wonder if the federal prosecutor running this investigation will get fired too...

Posted by: cautious | Mar 28, 2007 11:48:31 AM

Mr. Foley knew exactly what he was doing. He was looking for sexual gratification from a minor--a male minor, at that--and his claim his behavior is somehow tied to alcohol and past sexual abuse is mere blame-gaming. If Mr. Foley wishes to lead a homosexual lifestyle with consenting ADULTS then that's his prerogative and who am I to say otherwise? But to be sending disgusting and sexually overt messages to underage boys is a crime under Florida law and it's time he stops belching out excuses. Too bad we can't root out more perverts like Mr. Foley and bring them into the criminal justice system where they belong.

Posted by: Robert | Mar 28, 2007 12:30:56 PM

I woman's daughter I know worked for Mr. Foley. She said that his whole staff knew what was going on (re:emails to underage). I think Mr. Foley should be prosecuted like any other criminal and I think his staff should be added as accomplices!

Posted by: Jane | Mar 28, 2007 1:06:47 PM

I agree nail the pedophile. I just wonder why, ABC, CBS, and NBC, along with the NYT's did not cover the arrest of the former head of the ACLU in Va. for child pornography. He was caught with tapes of little girls being raped by Adults. WHY WHY WHY is there a double standard when it comes to a Democrat!!! Remember to thank a veteran today for all our freedoms, even though some are trampled on.

Posted by: Airmanc5 | Mar 28, 2007 1:08:03 PM

He should not be given another trial at all for the actions he took upon a minor. Mr. Foley is indeed found guilty of all charges made against him. It's good to see that technology allows criminals such as Foley to be caught in their actions.

Posted by: B. Smith | Mar 28, 2007 1:15:39 PM

Foley belongs in prison for two reasons: first, he is a sexual predator. Secondly, an example has to be set that no one, not matter what connections he has, can get away with th is. If that message doesn't get out, there wil only be more of this going on, with influential people always walking away from their crimes.

Posted by: Bob | Mar 28, 2007 1:27:50 PM

Fingers Foley is coming out just in time for Gonzales to stop any investigations of charges. It's good to have friends in the White House. As we now know Gonzales will stop anyone DOJ lawyer from charging friends of Bushie. I noticed Fingers Foley and Al Gonzales are both perverts. Gonzales stopped officials in Texas from being charged with rapping kids as Gonzo goes on the campaign trail for Kids Rights. Now Fingers Foley was protecting kids to as he selectively abused them. Nice group of leaders for Children we have here. Homeland Security hires child molester and Fingers Foley/Al Gonzales have their way of abusing kids. I know the GOP and Christian right are proud of these representatives and support their work.

Posted by: Jackie | Mar 28, 2007 1:49:19 PM

And what was done to Gary Studds, who admitted he was molesting underage males while he was in Congress? He received a standing O from his colleagues. So, Foley was allegedly writing really disgusting (it was very difficult for me to read) and you all let studs like Studds off the hook so to speak. Remember to thank a veteran for all your freedoms. And remember to thank our troops who give selflessly for you while you strip them of their funds.

Posted by: Clusiana | Mar 28, 2007 2:12:38 PM

The guy is obviously very sick. He needs to be kept off of the street and sent somewhere for serious treatment. It could very well be that events from his childhood are behind his illness.

Posted by: bigjoe | Mar 28, 2007 2:42:57 PM

It'll be hard to fire any federal prosecutors because this is being addressed on the Florida state level.

Ooops. I forgot. The Republican Supreme Court in the 2000 presidential election recount controversy butted into what was, per the U.S. Constitution, solely a state issue, since each state determines it's own electors and electoral process.

And lest we forget former Rep. Mark Foley (R-FL), his sex scandal hit the airwaves just before the last presidential election, causing Karl Rove, I believe, to desperately scramble to find something, anything with which to drive Foleygate into the background. Possibly even using U.S. Attorneys to pursue bogus "voter fraud" claims and other charges on a local level against Democrats? And those U.S. Attorneys who weren't "partisan enough" and didn't get busy trying to divert attention away from Foleygate before last November's elections were unceremoniously fired in early December. Rove definitely wouldn't want these "type" of U.S. Attorneys around for the November 2008 elections. Thus, they were fired and were being replaced with "trustworthy" hand-picked uber-partisan Republicans, like one of Rove's own assistants.

Posted by: The Oracle | Mar 28, 2007 2:50:51 PM

It amazes me why this obvious sexual GOP (Gang of Pedophiles) deviant is not in jail. If I'm not mistaken, don't law enforcement officials immediately arrest men on the MSNBC's "To Catch A Predator" series for simply sending lewd or explicit language that is harmful to minors? Regardless, had I (a screaming Queen) done the same thing on the same day that Mark Foley was caught, I would more than likely still be in jail, as opposed to hiding my head behind the oppulent and expensive Arizona rehabilitation center. Whoever paid for his rehabilitation could have given me half, and I could have told him everything he needed to know...

Posted by: Robert | Mar 28, 2007 2:57:21 PM

He needs to be prosecuted to the full extent of the law. There are 100's of 1,000's of people walking around in our society that have the same problem or combination of problems that Mr. Foley is claiming to have and it would be safe to assume that they are not all online predators. It is simply the degredation of society that leads to this kind of behavior! He is no better than any other child predator on the street and doesn't deserve preferential treatment because of his status within our government! In fact I believe our judicial system needs to make an example out of him, just as if he were a teacher taking advantage of a student. He abused his status and should be punished for it. He is a danger to society-lock him up!

Posted by: KJF | Mar 28, 2007 3:21:44 PM

These self righteous so called "family value" neocons are being shown for what they really are. Hypocrites who try to sell themselves as saviors of morality. Send him and his ilk directly to jail and stop blaming Democrats for the lack of morals in America today. They share the same responsibility as the rest of us. Shame Shame Shame.

Posted by: Larry | Mar 28, 2007 3:43:26 PM

Foley is such a coward...hiding behind "alcoholism" and being "molested by a priest". He is not mature enough psychologically or emotionally to accept what being gay means. To do that he would be without privilege and acceptance in the Republican circle. Hi arrested devlopment is identical to that of the pedophile priest who must hide behind an institution so he can act out his criminal fantasies. I can only hope and pray that Foley gets convicted and sentenced.

Posted by: Mike Steingraber | Mar 29, 2007 3:25:45 AM

leave the poor guy alone

Posted by: wHATcOLOR | Mar 29, 2007 4:40:18 AM

Foley worked very hard to push the Adam Walsh act through as well as cracking down on all sex offenders. Now that he has been caught in his own web, it is only fair that he abide by the very same laws he worked so hard for, and be judged by the very same criteria he asks for everyone else. Maybe people will think more carefully about jumping on the band wagon if they have to endure the same consequences they want for everyone else. Its time we all take responsibility for our actions.

Posted by: RLH | Mar 29, 2007 12:39:41 PM

Yes It is time to have a trail for Mr Foley, and if found guilty he should have to register as a Sex Offender. He is like many of the people we have elected to office he was using the Sex Offender Registry to get himself free press and more votes. As a retired police officer I can tell you the ones we have elected to office are not telling the full truth about the SOR (sex offender registry. They would have you the public think that you are safer because they set up a SOR.

The truth is that 3.5% of those arrested for a sex crime, will repeat a sex crime. This is one of the lowest recidivism rates for all crimes. Those numbers come right out of the US Dept. of Justice Bureau of Justice Statistics on Recidivism. Futher more 90% of sexual assaults are commited by a person well known and trusted by the victim. A criminal arrested for a crime other than a sex assault has a greater chance of comiting a sexual assault after serving their time in prison then does a sex offender who has finished his or her time.

This whole SOR and Adam Walsh Act are a ploy to get people more votes and many police agencys are getting more funding because of the extra work it has them do. And if they feel they are not getting enough from the Federal Goverment they come to you and me and say in order to protect you better from sex offenders we need more money to add more staff or what ever. If you think all of this is not true start checking the real number of recidivism in sex offenders with the US Goverments own web sight. Thank You Tim P.

Posted by: Tim P | Mar 29, 2007 1:11:04 PM

Total disgust.

Posted by: J Pait | Mar 29, 2007 7:02:41 PM

Mark Foley contacted young boys in a manner that reminds me of guys on To Catch a Predator. He also met with these boys. If he were on that show he would be arrested. Why hasn't he been arrested already?

Posted by: Jenkins | Mar 30, 2007 3:18:00 PM

He is a pervert!!!

Posted by: Brianna and Briana | Apr 17, 2007 1:30:15 PM

Where is he now? We're still waiting for him to get justice. Ever since Nixon, all you need to do d is quit?

Posted by: G Watts - Columbia,SC | Jun 20, 2008 11:02:30 PM

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