Fla. won't prosecute ex-lawmaker Foley

Lack of evidence cited in page case

TALLAHASSEE, Fla. - Nearly two years after a Florida congressman abruptly resigned over sexually explicit messages he sent to a teenage House page, law enforcement authorities here have concluded there is "insufficient evidence" to charge him with breaking Florida laws.

Commissioner Gerald Bailey of the Florida Department of Law Enforcement, who was asked in September 2006 to look into the conduct of the congressman, former representative Mark Foley, said yesterday that investigators were hampered by Foley's refusal and that of Congress to grant them access to congressional computer files.

The department was investigating whether Foley violated Florida's computer child pornography and exploitation law, and a state law banning the transmittal of harmful material to minors via electronic equipment or devices.

"FDLE conducted as thorough and comprehensive investigation as possible considering Congress and Mr. Foley denied us access to critical data," Bailey said in a statement.

A spokeswoman for the Justice Department, Laura Sweeney, confirmed that Foley also would not face any federal charges.

At a news conference yesterday in West Palm Beach, Foley's lawyer, David Roth, read a statement in which Foley said, "I am of course relieved that after extensive and thorough investigations by the Florida Department of Law Enforcement, the Federal Bureau of Investigation and the United States Justice Department, the determination has been made that there is no probable cause to believe that I committed any crime."

He added, "Once again, I wish to express my sincerest apologies for the inappropriate e-mails I sent, particularly to the recipients. I fully realize that I failed them, my family, my former congressional colleagues and staff, as well as the community as a whole."

As part of the state investigation in 2006, Governor Jeb Bush asked state law enforcement officials to look into why Foley's electronic messages had not been turned over to Florida prosecutors.

House officials told investigators they were constitutionally barred from granting access to Foley's congressional computer without his consent.

The department's 16-page report, available online at www.fdle.state.fl.us, shows that law enforcement officials interviewed 17 former House pages from Florida who had worked in Congress from 2000 to 2006.

None reported having had any inappropriate activity or conservations with Foley.

The report said that the page whose accusations led to Foley's resignation told investigators that he and Foley had exchanged e-mail and instant messages in which the congressman asked about his sexual experiences.