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Reports: DA Vance Has Asked Judge To Dismiss DSK's Sexual Assault Charges

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Dominique Strauss-Kahn waits for a taxi outside his Tribeca residence yesterday (AP)

While Dominique Strauss-Kahn's accuser isn't set to meet with prosecutors until 3 p.m. today, Manhattan DA Cyrus Vance, Jr. has "decided to ask a judge to dismiss the case," the Times reports.

A source tells the paper that Vance's decision isn't based on a specific lie told by former hotel maid Nafissatou Diallo, or her account of what happened in Strauss-Kahn's Sofitel suite, but the nature of how she withheld facts from prosecutors. "With her, we had to drag the details of the lies out of her over weeks," the source says, "It might have been different if she had let all the air out in a day or two. Every time she was confronted with her lies, she would blame someone else."

Prosecutors worried that they themselves could be called to testify in a potential criminal case against Diallo, "possibly transforming prosecutors into witnesses for the defense." In the end, Vance's team "couldn't tell the jury that she kept lying to us but that they should believe her."

Despite the Times' source's assurance that the reason for dismissal was the totality of Diallo's actions, another source tells the Post that the prosecution will reveal "bombshells" that will provide a coda to the parade of accusations that have tainted Diallo's character, and thus her ability to withstand fierce cross-examination before a jury. Their source tells of a "lengthy document" that details her "plotting for a Strauss-Kahn payday" and exposing that "she lied to [prosecutors] about having sex the night before the alleged assault"

Diallo's attorney, Kenneth Thompson, has said he will seek a special prosecutor in the case, noting that his client "should not have her right to go to trial in a criminal case taken away by the Manhattan district attorney's office." But experts say this isn't likely to happen, and viewed Thompson's vows as grandstanding. "“I think what he’s trying to do is kick up as much dirt as possible to pressure the D.A. to make a decision that’s politically based, rather than based on the facts of the case," one veteran criminal defense attorney says.

A civil suit against Strauss-Kahn is still pending in the Bronx, and a libel suit filed by Thompson against the New York Post for calling Diallo a "hooker" still stands.

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Comments [rss]

  • LFB

    At the outset, it is my personal belief that the prosecution is absolutely correct in their decision to drop the charges against DSK. The author is correct in stating that her credibility (or lack thereof) as a witness would make it extremely difficult for the prosecution to prove DSK's guilt beyond a reasonable doubt.
    However, in fairness, the accounts that I have read indicate that her credibility issues are collateral in nature; i.e, she has been caught in several misrepresentations that are not necessarily central to the issue of what exactly happened on that particular night in that specific hotel room. Thus far, her lies, as reported, are classic "bad act" impeachment material: she lied on her tax returns, prior sexual history, immigration forms, etc. Upon cross-examination, these facts are usually and properly within the province of the jurors as triers of fact.  And, as the triers of facts, jurors may take these lies into account when considering her truthfulness on the stand as to the facts of the evening that she alleges she was assaulted. 

    Point is: we don't know what happened that evening. Maybe what she claims happened is closer to the truth than not. No one, except those two in the room that day, will ever know what really happened. 

    But the fact of the matter is she's a known liar - not to mention the fact that she has a separate civil lawsuit pending. This is the stuff of a defense attorney's dreams. 

    Further prosecution, whether DSK did it or not, is untenable. 

  • ishtar_79

    This is pretty much why it doesn't pay to report a rape if you aren't a Polly Anna.  Everything you've ever done wrong will be dug up and used against you. 

  • TimeDown

    Or maybe you shouldn't lie to law enforcement about past crimes and lie under oath in front of a grand jury about the circumstances of the current case. Can you explain those away ishtar? Or does your guilty until proven innocent rhetoric not allow you to?

  • TimeDown

    But there is a major non-collateral credibility issue. She lied under oath in front of a Grand Jury about the facts in this specific case.

  • LFB

    If that's true, I stand corrected. I am not 100 % clear as to what the substantiated lie was to the grand jury. In any event, that's not surprising, considering the myriad of lies she has been caught in thus far.

  • dogbertt

    I still say he looks like Madeleine Albright in drag.  Great seducer, my ass

  • lin_1945

    The DA, his royal highness Cyrus Vance, Jr., is victimizing the victim a second time. I doubt Cyrus Vance, Sr (RIP) would be very happy with his son. The victim deserves her day in court and if she screws it up, so be it. Now DSK is going to be free to attack another young woman and feel he can get away with it. The only good thing that will come from the case is that France will not elect him their president. I hope when the next attack happens that Cyrus Vance, Jr. will be able to sleep at night. What if this was his daughter, niece, Goddaughter who was attacked? Sad day for Justice in NYC. What happened to the man who lived in Seattle and made a difference? Time to retire and let someone else who believes in true justice to do the job. Shame on DA Vance. A very sad day for justice.

  • kevd

    Your understanding of the justice system is pretty weak.  No victim of a crime (not even a victim that didn't consistently lie to the D.A.'s office) has a "right" to her day in court.  The only person with a right to a day in court is the accused.  They have the right to a fair trial.

  • TimeDown

    What? Assuming she even was a victim of a crime (highly doubtful at this point), maybe she shouldn't have lied to investigators, lied under oath at the Grand Jury, lied about a non-existent previous rape on her immigration application, etc. The win here is for justice. People keep forgetting that it's innocent until proven guilty, regardless of the crime , the politics behind it, or the media's coverage of it.

  • SonnyBobiche

    The Duke Lacrosse team found out the hard way that some people don't believe in innocent until proven guilty when it comes to cases involving gender, race or class differences.

  • ishtar_79

    If there are any wins to be had here, it's definitely for rapists.  The way the DA handled this and the cop case really adds to the reluctance to report sexual assaults.  I'm pretty insistent on reporting any and all crime to the police, but even if I were a victim of sexual assualt I would think twice before contacting NYPD.

  • SonnyBobiche

    Imagine being raped in Baltimore.  The DA office there says that 30% (30 percent!) of the rape charges in the city are turning out to be made up.  That's an epidemic and no one knows why.

  • Heidi Vanderlee

    councilwoman letitia james and many women's rights organizations are holding a press conference/rally in support of the victim today at 5pm: http://www.facebook.com/event....

  • virgilstarkwell

    so you mean they're holding a rally for the person in this case who was seemingly held on false/trumped up charges and whose career was ruined?

  • Mr. Know-It-All

    At what point in the disintegration of this case do you stop referring to this woman as a "victim"?

  • Spirit of 76

    It's feminist sexism run amok. Unless she outright admits she made it all up, she will remain a victim in their eyes.

  • virgilstarkwell

    and, even then, the argument will be that she made it up to honor the real victims.

  • m015094

    Didn't this happen a month ago? 

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