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U.S. prosecutors consider charges against Alberta MLA caught in prostitution sting

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U.S. prosecutors consider charges against Alberta MLA caught in prostitution sting
 
 
By Alexandra Zabjek and Jodie Sinnema, Edmonton Journal July 17, 2013
 
 
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Fort McMurray MLA Mike Allen booking photo Photograph by: Supplied , Ramsey County Sheriff's Office

EDMONTON - U.S. prosecutors expect to decide by Friday whether to lay charges against a Fort McMurray MLA arrested in an undercover prostitution sting in St. Paul, Minn.

City attorney Sara Grewing is still reviewing the case for “possible gross misdemeanour charges,” she said Wednesday.

“Human trafficking and the promotion of prostitution has been something that we’ve focused on. ... (The police) do stings, anecdotally, about once a month. That’s something that we’ve committed our resources to as a policy matter in St. Paul.”

While she couldn’t speak to specific details of Mike Allen’s case, Grewing pointed to a Minnesota statute that prohibits a person from engaging in prostitution or hiring someone for the purposes of prostitution in a public place. Minnesota law defines a public place to include locations such as hotel rooms and massage parlours.

Allen, elected to represent Fort McMurray-Wood Buffalo in 2012, resigned from the Tory caucus and from any committee responsibilities Tuesday. He had been in Minnesota with Calgary-Fort Conservative MLA Wayne Cao, attending the Council of State Government Midwestern Legislative Conference, and returned to Alberta late Tuesday night.

Duane Bratt, a political scientist at Mount Royal University in Calgary, said Allen’s response has been appropriate.

Even if Allen is charged or convicted, Bratt said he doesn’t know if Allen should step down as an MLA.

Alberta’s Wildrose party has called for a byelection to replace Allen. Premier Alison Redford has not commented. Guy Boutilier, who was defeated by Allen in the last election, also wouldn’t comment.

NDP Leader Brian Mason said he found the Allen situation “distasteful,” but he wasn’t prepared to join calls for his resignation.

“We should be thinking a little bit more about the family than simply trying to take political advantage,” Mason said.

Bratt said: “I would argue that drinking and driving is a much more serious offence than prostitution. I think so and I would think most people would think so.”

He compared Allen’s reaction to the incident to that of Gordon Campbell, who was charged and convicted of drunk driving in 2003 when the then B.C. premier was on holiday in Hawaii. He pleaded no contest, didn’t resign from caucus and remained as premier.

“Drinking and driving can lead to death, serious bodily harm, damaging of all sorts of other people,” Bratt said.

Minnesota officials won’t say if Allen was arrested Monday on a public sidewalk or in the privacy of a hotel room. If Allen responded to an escort agency ad and met undercover officers in a private area, he wasn’t breaking Canadian law.

“Escort agencies are sort of a grey area in Alberta, which muddies the waters completely,” Bratt said. “In my view, the most serious aspect of this was it happened while he was supposed to be working. And yes, you’re going to have free time, but the comparison with Wayne Cao, who went to a museum, is a bit striking.”

But Allen’s arrest could also be seen as entrapment by police, Bratt said.

Allen allegedly answered an ad placed by undercover police on the website Backpage.com. Police reports show Allen responded to the ad, meeting with two female undercover officers. He was arrested about 8 p.m. local time Monday under suspicion of engaging in prostitution, after allegedly agreeing to exchange money for sexual services, a police spokesman said.

“I’m not a lawyer here, but my sense is this isn’t about convicting people. This is about embarrassing people: when you start putting mug shots in the paper, that’s a pretty strong deterrent,” Bratt said.

“I think there’s a lot of social shaming and there may be some who feel ‘That could be me’ or that may be unfair. There may be some sympathy for him as well, especially as contrite as he’s been.”

Quito Maggi, who was Allen’s campaign manager in 2012, said he considers Allen a close friend. He said Allen is single with grown children.

“What I can tell you is that Mike is the most honest, genuine and kind person I have ever known,” Maggi said in an email. “I think those traits led him to do the right thing (Tuesday) and immediately resign from the caucus until the legal matter is resolved. I give him credit for that.”

Maggi said Allen’s reputation as a “hard-working and passionate advocate for Fort McMurray and Wood Buffalo … won’t be undone by a single mistake.”

He said Allen helped accelerate the twinning of Highway 63 to the northern area. The Transportation Department has yet to receive further direction on how to replace Allen as special adviser for the highway project.

“I think the people of Fort McMurray-Wood Buffalo will remember his accomplishments,” Maggi said.

But Liberal MLA Laurie Blakeman said she sees soliciting for prostitution as a serious problem.

“I feel betrayed,” Blakeman said. “I think this man made a very deliberate choice in his activities that has betrayed his caucus, betrayed all the MLAs elected, his constituents, his family and all Albertans.”

She said elected officials are representing all Albertans when travelling on government business.

“Unlike how it’s been characterized on Twitter, it is not a personal issue and it is not a temporary lapse in judgment. It is a deep ethical and moral flaw in someone’s character,” Blakeman said. “It’s a betrayal of any government talk about recognizing the seriousness against violence against women, about human trafficking, about child prostitution, about bullying.”

She said Allen was hired by his constituents and must listen to them in deciding whether or not to step down.

Grant MacEwan University political scientist Chaldeans Mensah said Allen’s actions were both a personal failure and a failure to live up to high standards expected of legislators.

“It’s not good news,” he said. “It builds on the problems the party has faced in recent months, but it’s also a personal tragedy in this case.”

Sgt. Paul Paulos said prostitution is a priority for his police department in St. Paul, Minn. The department posts photographs of people recently arrested on prostitution-related charges.

“It’s a danger to women, it’s a danger to the people offering to purchase it,” he said.

For the past eight years, the department has operated the Gerald D. Vic Human Trafficking Task Force, named in honour of an officer who was known for working with prostitutes and those at risk of becoming involved in prostitution. Vic was killed while on duty about 10 years ago.

“He broke down a lot of barriers and stereotypes, whether you’re dealing with the police or with the females,” Paulos said.

“He was a real groundbreaker to that and developed relationships and partnerships in the community. When you do that, trust develops.”

Canada’s prostitution laws prohibit communicating for the purposes of prostitution in public places, such as along roads.

“It’s basically designed to deal with women on the stroll and their johns,” said D’Arcy Depoe, head of the Criminal Trial Lawyers’ Association in Edmonton. “A lot of the time, first-time offenders are allowed to go to johns school, which is attending a course put on by city police, and they talk about the difficult that prostitutes face on the street, how many of them are struggling with drug addictions, that it’s dangerous and that it breeds violence.”

Depending on the details of the Allen case, he could face a minimum of a $1,500 US fine or a maximum of a year in low-security jail and a $3,000 fine.

 

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