Nov 21, 2007 4:20 pm US/Eastern
Senator Avoids Prostitution Case Court Appearance
Louisiana Republican David Vitter Linked To Washington Escort Service
WASHINGTON (AP) ―
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Sen. David Vitter, R-La., speaks to the media with his wife Wendy Vitter in Metairie, La., Monday, July 16, 2007.
CBS News
A federal judge spared Sen. David Vitter an embarrassing appearance on the witness stand in a federal prostitution case when she abruptly canceled a hearing scheduled for next week.
The Louisiana Republican was under subpoena to testify about his ties to a Washington escort service. Deborah Palfrey, the woman accused of running a prostitution ring, had sought to question Vitter about whether he paid for sex.
But U.S. District Judge Gladys Kessler canceled the hearing Wednesday, saying it served no purpose in the criminal case. She said the Vitter subpoena only reinforced her belief that Palfrey wanted to use the hearing to get around the rules of evidence.
Vitter has acknowledged being involved with the escort service, Pamela Martin and Associates. But after issuing brief statements and apologizing for "a very serious sin," he has ducked follow-up questions. On the witness stand, he would not have had that luxury.
Neither Vitter's attorney nor his Senate spokesman immediately returned messages seeking comment. Palfrey's attorney said he had not read the judge's order and had no comment.
The Nov. 28 hearing was merely a tangent to Palfrey's prosecution, but Vitter's testimony would have drawn a crowd. With Vitter on the stand, attorney Montgomery Blair Sibley said he would ask, "As a client, did you engage in illegal sex acts?"
It's a novel strategy, asking someone to say they paid for sex to help bolster a prostitution case. But Palfrey says she provided a fantasy service, not a sexual one, and anyone who sold sex was a "rogue escort" who violated her employment contract.
Palfrey is suing one of the escorts for breach of contract. Kessler put that case on hold while the criminal case played out, a decision the judge was going to reconsider at next week's hearing. Had Vitter confirmed he paid for sex, Palfrey said, it would have bolstered her argument that the escort violated her contract and could be sued.
Had the case been allowed to go forward, Palfrey could have questioned witnesses outside the criminal defense process, giving her an advantage at trial. Prosecutors said it was a way for her to intimidate witnesses and generate publicity.
Also on Palfrey's witness list was Harlan K. Ullman, a national security expert and military strategist known for developing the "shock and awe" warfare strategy. Palfrey has said Ullman was a regular client. Ullman has not commented on what he called "outrageous allegations."
"Obviously, this witness list demonstrates that defendant has no intention of adhering to the specific limited purpose for which the hearing was set," Kessler, an appointee of President Clinton, wrote.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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