Menz’s mother, Jodi Brown, also told CNN that she discussed the incident with her daughter immediately after it happened. She said she distinctly recalls her son-in-law saying to her: “Our senator just groped my wife right in front of me.”
In the photo of Menz and Franken, the side of the senator’s face is pressed up against Menz’s but the lower halves of their bodies are not shown. Both of them are smiling.
Menz posted the photo with Franken on Facebook at the time, on August 27, 2010. Her sister, Cari Thunker, commented under the photo: “Sorry, but you two aren’t Bibles (sic) width apart” — a reference, Thunker explained to CNN, to how physically close Menz and Franken were in the photo.
Menz responded to her sister on Facebook: “Dude — Al Franken TOTALLY molested me! Creeper!” (The exchange is visible to Menz’s Facebook friends.)
Minnesota statutes state that “intentional touching of the clothing covering the immediate area of the buttocks” is not considered criminal sexual conduct.