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Strauss-Kahn Is Free After Judge Dismisses Charges

Monday, August 22, 2011 - 04:32 PM

A Manhattan judge dismissed all charges against former International Monetary Fund chief Dominique Strauss-Kahn during a court appearance Tuesday, three months after he was arrested on charges of sexually assaulting a hotel housekeeper.

Strauss-Kahn appeared in Manhattan Supreme Court wearing a dark gray suit, blue shirt and navy-and-gold striped tie, smiled and shook hands with an audience member as his wife sat nearby. They left court without saying anything to reporters.

In his first public statement since he was charged with sexually assaulting a hotel maid, Strauss-Kahn thanked supporters and said was grateful to the prosecutor for agreeing to dismiss the case.

"These past two and a half months have been a nightmare for me and my family," he said. "I want to thank all the friends in France and in the United States who have believed in my innocence, and to the thousands of people who sent us their support personally and in writing. I am most deeply grateful to my wife and family who have gone through this ordeal with me."

"We will have nothing further to say about this matter and we look forward to returning to our home and resuming something of a more normal life," he said.

Strauss-Kahn faced a crowd of demonstrators outside the courthouse, carrying signs such as "The Evidence Speaks for Itself." Retired public school teacher Peg Rapp, one of the demonstrators, said, "I'm watching another very rich, powerful man buy his way out of a grand jury indictment, and a few, probably all-white, very well-to-do, connected, rich men making a decision in private, that this woman didn't deserve to have her case be heard."

A Question of Credibility

In making his ruling, Judge Michael Obus said, "I am satisfied that the People's recommendation was made in good faith."

Prosecutors said they could not pursue the criminal charges because of problems with the credibility of the accuser, Nafissatou Diallo. In the months since the the Sofitel Hotel housekeeper accused Strauss-Kahn of attempting to rape her, it was discovered she lied on her asylum application from her native Guinea and repeatedly lied to prosecutors while they gathered evidence.

In court, Head Prosecutor Joan Iluzzi-Orbon said, "We did not arrive at, nor do we take the decision to recommend dismissal, lightly." She added that the DA's decision to dismiss the charges did not in any way condone the conduct of Strauss-Kahn.

She explained to the judge that prosecutors had to prove that a sex act had occurred between Diallo and Strauss-Kahn by force and lack of consent.  To prove this, Iluzzi-Orbon said would depend almost entirely on the credibility of Diallo.

In the motion for dismissal recommendation filed Monday, prosecutors wrote, "the nature and number of the complainant's falsehoods leave us unable to credit her version of events beyond a reasonable doubt, whatever the truth may be about the encounter between the complainant and the defendant." The motion went on to say, "if we don't believe her beyond a reasonable doubt, we cannot ask a jury to."

In a statement, District Attorney Cyrus Vance said that no prosecutor expects or requires a perfect witness. "If we are convinced they are truthful about the crimes committed against them, and will tell the truth at trail, we will ask a jury to consider their testimony to prove a crime," Vance said. "If we are not convinced, we cannot, should not and do not take the case to a jury."

What concerned prosecutors, according to their motion, were the inconsistencies and falsehoods Diallo allegedly told them in "virtually every substantive interview" she had with them.

She told investigators in vivid detail that she had been gang raped in Guinea, but now she admits that was a lie. In their motion, prosecutors noted how persuasive and emotional Diallo was when she described that false gang rape — and that she described the crime with the same conviction with which she recounted the alleged Strauss-Kahn attack.

A Pattern of Inconsistencies

Prosecutors also hammered Diallo on her inconsistent statements about what happened right after the alleged attack. She told the grand jury that soon after the incident, she fled into the hallway and stayed there until she saw Strauss-Kahn leave.

In June, she changed her story. She said she went into another room to finish cleaning before going back into Strauss-Kahn's suite.

In July, according to prosecutors, Diallo (at right) changed her account again, saying that she really did just stay in the hallway until she saw Strauss-Kahn leave.

Diallo's attorney, Kenneth Thompson, filed a counter-motion to remove Manhattan District Attorney Cy Vance from the case. The motion was denied by Justice Michael Obus on Tuesday, and later dismissed on appeal.

Thompson said Vance had acted improperly by leaking false information to the press and refusing to refute "baseless articles in the New York Post" that alleged Diallo was a prostitute.

“The Manhattan District Attorney, Cyrus Vance, has denied the right of a woman to get justice in a rape case,” Thompson said outside the courthouse Monday.

Dominique Strauss-Kahn's attorneys Benjamin Brafman (L) and William Taylor (R)/ Nafissatou Diallo's attorney Kenneth Thompson outside of Manhattan Supreme Court on August 23. (Arun Venugopol/WNYC)

Diallo and Thompson had a short meeting Monday afternoon with the DA's office to discuss the decision not to move forward with the case against Strauss-Kahn.

"We have maintained from the beginning of this case that our client is innocent," said Strauss-Kahn's attorneys William Taylor and Benjamin Brafman in a statement released Monday. "We also maintained that there were many reasons to believe that Mr. Strauss-Kahn's accuser was not credible."

Strauss-Kahn, 62, was arrested after he was accused by Diallo, 33, of chasing her down and attempting to rape her when she arrived to clean his hotel suite in May. He denies the charges.

With the Associated Press

MOTION TO DISMISS:

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ORDER TO SHOW CAUSE:

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Comments [16]

Fuva from Harlemworld

"...The District Attorney’s press conference was cut short when a 5.8-magnitude earthquake shook the room in New York City, causing reporters to flee out of the building."
http://www.democracynow.org/2011/8/24/headlines

Aug. 24 2011 09:07 PM
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Fuva from Harlemworld

(ok..the ground started to shake at the press conference when Vance started to announce the case dismissal...i'm not saying it was a message from the gods...)

Aug. 24 2011 03:59 PM
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Walter from West Harlem

Lots of hate for the guy on this board.

Most of my neighbors from Harlem (most from D.R.) say he was set up.

I have a feeling they know something.

Aug. 23 2011 11:14 PM
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The Fat Froggy Prince from Central Park Pond

This pig cheats on his wife and gropes (allegedly) other young women and the accuser has credibility problems?! What a sickening joke.

Go back to France and have a nice big coronary you fat slob.

Aug. 23 2011 05:42 PM
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Fuva from Harlemworld

...and clarification: "...forced minus a weapon..."

Aug. 23 2011 04:17 PM
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Patricia Snowden from Sea Cliff, NY.

lost my first response before I completed it.
What I was saying is that Robert Seigel on
(All Things Considered 8/22/11) talked with
Joel Rose a reporter who related that
Nafissatou Diallo's credibility was being questioned and that her case against
Mr. Strauss Kahn would probably be
dismissed. What was a glaring oversight
in that conversation is that Mr. Stauss Kahn's credibility is no less above board.
He has a history as well. It is fair to men-
tion this and not continue to put all the
blame and suspicion on Ms. Diallo.
Patricia Snowden

Aug. 23 2011 04:03 PM
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anonyme

Lotta woman hating (judging) going on here! I ahve to say there may be a lot of women hating DA Vance - I do. Burkas, anyone?

Aug. 23 2011 03:37 PM
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Fuva from Harlemworld

(correction: "... how oral sex can BE forced minus...")

Aug. 23 2011 01:15 PM
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Fuva from Harlemworld

Dale's question seems to be a common one -- about how oral sex can forced minus an overt threat of physical violence. Exploring this question will reveal a lot of isues in this case really needing address, exposure. I.e., what is forced, non-consensual sex? Under what conditons can it be committed? What kind of resistance is required of the person acted upon? I really hope they get proper public treatment -- for the sake of potential victims, potential rapists and a confused public.

Aug. 23 2011 01:10 PM
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Dale

How can this 60ish out of shape man overwhelm a young strong woman, get his penis in her mouth long enough to ejaculate? If I were DSK's attorney I'd ask her one question: Why did you open your mouth? Did he pry it open with a screwdriver? The charge is ridiculous.

Aug. 23 2011 11:48 AM
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Barton Campbell from Jersey City

I believe the woman was forced. If she was attempting to blackmail the guy, yes, it would be questionable. After all she would have an incentive, $. But she wants to press charges and put the man in jail. He must have done something offensive to her. On the other hand, she lied to get into the country, cheats on her income tax, has a boyfriend that is a drug dealer, etc. That describes about half of us (and I'm an native born american citizen).

If you lie on your income tax report does that mean it's open season on raping women? If you lied about your visa does that mean it's open season on raping women? The rape of this woman should stand on its own. Was she raped or not? Nothing else. No income tax, not visa interviews, not even what she has done with her boyfriend. Is she believable or not? Let the jury decide.

Aug. 22 2011 11:42 PM
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CaptObvious from New Yak

Are any of the people posting here actually from NYC? Sheesh-kabob.

The virtuous lady was had multiple bank accounts and made 100K+ in cash deposits from a counterfeit goods & drugs operation. She also seems to have additional cash income from something other than selling girl scout cookies. Then she lives in subsidized housing which is impossible to get for people who actually need and deserve it. All this in the Bronx...

When I first head about this my reaction was "what a creep, they finally got him". Between the news (which tells you a small, unrepresentative fraction of reality) and people who've been around this sort of thing themselves it's clear to me my first reaction was dead wrong.

Someone who refuses to add it all up either knows everything because they're 19, really likes their own delusions or is Al Sharpton.

Aug. 22 2011 07:35 PM
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Mark

This is why star athletes and musicians videotape their sexual encounters on the road. Not due to an excess of kink but to protect from extortionists.

Aug. 22 2011 03:24 PM
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Fuva from Harlemworld

Will Vance drop the case because he believes forcible sex didn't happen? Or because he somehow believes HE can't convince a jury? If seasoned law enforcement officials allegedly believe forcible sex took place, is the latter rationale for dropping the case valid? There are many more questions/ issues raised by this case, that we can hopefully examine, thereby leveraging it as a teachable moment...
In any event, be clear: Vance dropping this case in no way exonerates DSK of rape.

Aug. 22 2011 03:14 PM
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Matt from NY

Even one who has lied on her immigration papers--and the rest of us--derserve(s) that one who may have perpetrated a crime be prosecuted. Others have accused him of similar crimes. Who knows: maybe, a conviction in NYwould result. The accused, too, desrves his day in court.

Aug. 22 2011 12:13 PM
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RXN from Queens

This woman has a host of credibility problems. Forced oral sex, and re-entering the room where the perpetrator was present afterward, not to mention that she lied about rape to emigrate to the US. The prosecutor drops the charges, and she brings a civil suit?

She and her counsel need to examine their consciences.

Aug. 22 2011 11:21 AM
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