Franken will claim that he wasn’t really touching her (or even touching her Kevlar vest) at all and was just joking around while she was sleeping.
Yep:
“I certainly don’t remember the rehearsal for the skit in the same way, but I send my sincerest apologies to Leeann. As to the photo, it was clearly intended to be funny but wasn’t. I shouldn’t have done it,” his statement says.
http://www.nationalreview.com/corner/453792/report-al-franken-groped-radio-host-2006