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Foley Unlikely to Be Prosecuted; Lewd Internet Messages Too Old
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Disgraced former Congressman Mark Foley, whose e-mails and instant messages to teenage former congressional pages shocked the country, may avoid criminal prosecution in Florida because of the state's three-year statute of limitations.
The Florida Department of Law Enforcement did not start a criminal investigation of Foley until November 2006, making it nearly impossible to prosecute what some officials regarded as the best case, an explicit instant message sent by Foley to a 17-year-old high school student in February 2003, when Foley was in Pensacola, Fla.
"Barring any extraordinary circumstances, it is very unlikely for charges to be filed in a case once the statute of limitations has run its course," said Aya Gruber, a former federal public defender and professor of law at Florida International University.
THE BLOTTER RECOMMENDS
Federal officials turned the case over to Florida after concluding that Foley did not engage in any actual sexual contact until the former pages had turned 18, and had therefore not violated federal law. Washington, D.C. law defines the age of consent as 16.
Under Florida law, it is a third-degree felony both to use the Internet "to seduce, solicit, lure or entice" a minor "to commit any illegal act...relating to lewdness and indecent exposure" and to transmit any "information or data that is harmful to minors...via electronic mail," which includes instant messages.
The statute of limitations hasn't been the only hurdle in the Florida investigation. Last month, lawyers for the U.S. House of Representatives denied Florida law enforcement officials access to the former congressman's computers, as previously reported on the Blotter on ABCNews.com. Investigators believe Foley may have used the machines to send illegal sexually explicit message to former congressional pages.
A Florida Department of Law Enforcement spokeswoman told ABC News at the time that House lawyers denied their request to turn over the computers, citing the Speech or Debate Clause of the Constitution, which protects congressional papers. The House claims Foley's computers are the equivalent of congressional papers, and that only Foley can waive his congressional privilege and grant access to them.
At the time, the spokeswoman, Kristen Perezluha, had said the department was working with Foley's lawyers to obtain access to the computers. This week she would neither confirm nor deny they had been granted access.
Perezluha did tell ABC News the investigation was almost done. "They (investigators) hope to have it wrapped up soon," she said.
Calls to Foley's attorney were not returned.
Foley resigned Sept. 29, 2006, hours after ABC News questioned him about sexually explicit messages with former congressional pages, some of whom were under the age of 18 at the time of the exchanges.
This post has been updated.
Do you have a tip for Brian Ross and the Investigative Team?
September 14, 2007 in Mark Foley Internet Scandal | Permalink | User Comments (28)
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No More Victims Act-2007- An Act of Prevention
I read on a Wall Street Journal Forum that John Walsh is behind this. And something about Foley and what is really on his computer. (?) WHAT NEXT??? Is the fox guarding the hen house??? This really could happen, just like the AWA that was back doored as “Non-controversial” and Congress never got a chance to debate it. It is time to base our laws, not on myths, lies and fear factors, but on legislation based on FACTS by Experts in these fields.
We have two choices. Continue to incrementally, implement the No More Victims Act of 2007. And like the frog in the water, slowly destroy the U.S. Constitution for ALL. OR do the right thing and restore sanity to these laws.
September 5, 2007
The No More Victims Act-2007- An Act of Prevention
Our nation has become one filled with fear and suspicion. We don’t know who to trust and our cries for prevention of child sexual abuse have gone unheeded. We have registration for after…. the fact. It continues to grow at an alarming rate…..after the fact. After the fact is not good enough. After the fact is too late. Prevention deals with before the fact and isn’t that what we want?
Posted by: Linda | Sep 16, 2007 10:40:21 AM
YUCK... to think that he shaked my hand one day when he was campaigning and visited the company in Florida I was working for.
Posted by: Rick_VT | Sep 16, 2007 7:03:13 PM
Was Mr. Foley convicted of any Crime?? He resigned. Mr. Foley, being Gay, as far as any evidence suggests, never molested anyone. He had consentual sex with adult young men. Is this not what Gay's do?? Lets assume that Foley was a woman, an she wrote emails to a 16 year old boy. Would that be a crime? If she waited until he was 18 an then had sex with him, would that be a Crime?? We have Teachers in this country that don't get the press as did Foley, doing alot worse things. Its always the hypocrisy issue, that hurts the Repubs. Look at all of crimes around the country, that Democrats are committing, New Jersey comes to mind, plus the wife cheating of the Mayor's of San Francisco, Los Angeles, an Detroit. I guess President Clinton set the standard. In the Mayor's situations, there is hypocrisy as well. But the Demos seem not to have a morals clause.
Posted by: Homjett | Sep 17, 2007 5:42:05 AM
This is just sick of how all of these people can get buy with this. See the facts about John Walsh, Mark Foley, and Mark Lunsford strange that they are all from Florida?
Political Corruption!
Posted by: JOHN | Sep 17, 2007 7:42:30 PM
Leglislatures nation wide show get to work,
How can there be a "statute of limitations" on child abuse cases.
We care more about money than anything,
so much for "family values"...
Posted by: blackie | Sep 19, 2007 1:23:04 PM
hey hes a fl rep he can do what he wants thed probly let him run again only rep votes count in fl -dem votes get lost
Posted by: davidpatrick344 | Sep 23, 2007 9:13:31 AM
I don't think I can vote republican anymore. too many of these men are turning up to be sex predators or hiding sexual secrets. Voting dem or pub is going to get us immoral behavior, but I think I'll vote dem b/c at least they don't HIDE the behavior. I need to know what I'm voting for.
Posted by: robthomaseyes | Sep 24, 2007 9:56:11 AM
Gary Studds, a former US Rep. from Mass., molested a 14 yr. old boy who was a House Page. Nothing happened to him. In fact, the Dems honored him on the floor of the House after this happened. Corruption is rampant among the politicians. We the people must rise up and demand that the corruptors be removed from office immediately.
Posted by: jackp | Mar 11, 2008 2:14:34 PM
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