Can AppleScript determine if a user is typing a new filename in Finder?

Question

My goal is to make the Delete key (without any modifiers) move selected files to the trash using OSX's Finder, similar to Windows Explorer. I've managed to do it using a great utility application called Spark. Spark allows me to assign the Delete key to do something when in Finder only. I can have it type the Finder shortcut key (command-backspace), or activate the File > Move to Trash menu item, or run an AppleScript. In each case, the file is moved to the trash successfully. It works well ... a little too well.

If I'm in the process of renaming a file and press the Delete key, the file is moved to the trash instead of the letter ahead of the cursor being removed. I can't think of any clever way of working around the problem. The only thing I can think of is to use AppleScript to determine if the text editor is open in Finder in order for the user to rename a file ... or, simply put, determine if the user is renaming a file in AppleScript. Something tells me this goes beyond the capabilities of AppleScript. Can it be done? Any other suggestions would be most welcome. Thanks.

UPDATE:

Thanks to adayzdone, I have a working script now. Create a hotkey for Finder in Spark, assign the Delete key to it, and use this script as the action:

tell application "System Events"
    tell process "Finder"
        if not (exists text field 1) then
            tell menu bar 1
                tell menu bar item "File"
                    tell menu "File"
                        click menu item "Move to Trash"
                    end tell
                end tell
            end tell
        end if
    end tell
end tell

UPDATE 2:

Here's an updated script based on adayzdone's cleaner version. I added a line to reissue the delete key when you're renaming a file and press delete. It has a problem though: you have to press the delete key twice for every one character removed. Also, you can leave things in a weird state when done renaming the file: if you press delete to remove a file, it might not work ... requiring a second key press of delete before things return to normal. I think the problem is from issuing the delete key from within the event being handled by Spark. I'll try to find a solution.

tell application "System Events"
    tell process "Finder"
        if exists text field 1 then
            keystroke "d" using {control down}
        else
            click menu item "Move to Trash" of menu 1 of menu bar item "File" of menu bar 1
        end if
    end tell
end tell

Answer 1

Try:

    tell application "System Events"
    tell process "Finder"
        if not (exists text field 1) then click menu item "Move to Trash" of menu 1 of menu bar item "File" of menu bar 1
    end tell
end tell

Another approach is:

       tell application "Finder"
    if selection is not {} then
        tell application "System Events" to tell process "Finder"
            if (exists text field 1) then
                keystroke (ASCII character 8)
            else
                tell application "Finder" to delete selection
            end if
        end tell
    end if
end tell