A federal appeals court in Richmond yesterday upheld the convictions of two D.C. men for soliciting undercover National Park Service policemen for prostitution at a McLean park two years ago.
The Fourth U.S. Circuit Court of Appeals rejected arguments from Eugene M. Baker and David C.B. Smith, who claimed they were entrapped by two male Park Service officers who used provocative clothing and "occasional eye contact" to lure them.
The two men were arrested in separated incidents in September, 1977, during a crackdown on homosexual activity at the Turkey Run picnic area off the George Washington Memorial Parkway. According to Park Service records, both men received 90-days sentences and $150 fines, both of which were suspended.
"in each case, the arresting officer was patrolling the park area on foot in casual clothes when the defendant began to follow him," the court stated."Without pressure, persuasion or permission by the officer, the defendant attempted to solicit him for prositution.
The court also rejected arguments by Baker and Smith that the government was using solicitation laws to prosecute homosexuality.
"they [Baker and Smith] produced no evidence that the regulation was enforced against them because they were homosexuals, or that their arrests and prosecution were predicated on any factor other than their criminal conduct," the court said.
James Lowe, an Alexandria attorney who represented the two men, said he did know if either would attempt another appeal.