Lonnie Latham - Results of Criminal Trial

Results of Criminal Trial

On February 2, 2006, Latham pleaded not guilty to the lewdness charge. The case was then heard in a non-jury trial.

On March 7, 2007, Latham was found to be not guilty by Special Judge Roma McElwee, who said her ruling was based on the evidence and not on the issue of the constitutionality of the law in question.

Latham's attorney, Mack Martin, has told reporters that what his client did was Constitutionally protected and shouldn't be a crime. “It’s like saying you’re arrested for crossing the street — so what?” Martin said. “This is a major First Amendment issue.”

Mack says he feels the only reason that the court is pursuing charges is because of pressure from the media attention.

But Oklahoma City District Attorney Wes Lane says, “The law in Oklahoma prohibits an individual from soliciting another to engage in what is considered a lewd act regardless of whether money is sought for or exchanged.” The American Civil Liberties Union filed a brief for Latham, stating that the law is unconstitutional because it makes it a crime for an adult to ask another adult to engage in legal conduct.