In a filing with the Minnesota Court of Appeals, Craig's legal team said the undercover officer initiated foot-tapping -- a possible signal for gay-sex solicitation -- by tapping his foot in the bathroom stall next to the stall Craig occupied.
Craig pleaded guilty in August to misdemeanor disorderly conduct in the scandalous June 11, 2007, incident, but his lawyers contend he committed no crime. Craig was on a stopover at the Minneapolis-St. Paul International Airport when he was arrested. He paid a $575 fine.
The legal brief contends the facts do not support the charge despite Craig's guilty plea, the St. Paul Pioneer Press reported, because the plea was inaccurate.
"In short, the facts here simply do not constitute the crime of disorderly conduct," the lawyers wrote in a 96-page brief. "The conduct … viewed in the worst light, does not rise to the level of disorderly as that conduct is contemplated under Minnesota law."
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