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Why Cy: Things Get Worse For Manhattan DA's Office
By
Jen Chung
Published Jul 3, 2011
Modified Jul 3, 2011
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By
Jen Chung
Published Jul 3, 2011
Modified Jul 3, 2011
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Five weeks ago, a jury found two police officers not guilty of raping an intoxicated woman. Earlier this week, two men on trial for manslaughter for the deaths of two firefighters at the former Deutsche were acquitted. And on Friday, prosecutors admitted that there were credibility issues with the woman who accused international political figure Dominique Strauss-Kahn of sexual assault. Defense lawyer Gerald Shargel said of Manhattan DA Cyrus Vance, "I have enormous respect for Cy as a prosecutor, but this is like a series of bad dreams."
The Manhattan DA's office and police department both found the witness credible after Strauss-Kahn's arrest. But yesterday, after Strauss-Kahn was released from house arrest, Vance had to say during a press conference, "As prosecutors, our duty is to do what is right in every case without fear or favor, wherever that may lead."
Former prosecutor Randy Mastro told WCBS 2, "It’s a surprising, even a shocking development," but added, "The measure of a great prosecutor is not simply the cases his office wins, it’s having the courage to bring the tough cases. And it’s having the courage to — in what’s hopefully that rare circumstance — to own up to your offices mistakes." And defense attorney and Innoncence Project founder Barry Scheck told the Times, "It’s a little early to know exactly what the impact of all of this will be. But if, in fact, the office winds up deciding that the case shouldn’t have been made in the first place and brought exculpatory evidence to the defense in a prompt, appropriate way, that’s a good thing."
A former federal prosecutor, Steven Miller, told the Wall Street Journal, "I mean, this case altered the landscape of international politics. You have to wonder what message this sends to the rest of the world about the U.S. criminal-justice system." But another former federal prosecutor, David Pitofsky pointed out, "The question of bail came up immediately. The government had to act. I don't think it's fair to criticize anyone for not conducting a complete investigation in a matter of hours."
The Daily News reports, "The implosion of the rape case against Dominique Strauss-Kahn is the biggest embarrassment yet and sparked speculation that heads might roll. It also was seen in some quarters as vindication for ousted Sex Crimes Unit boss Lisa Friel, who had tried unsuccessfully to fend off demands for a swift indictment by Vance's hard-charging deputy, Dan Alonso... The probe was marked from the outset by bitter debate between Friel and Alonso, two sources said. Alonso wanted to charge DSK fast. Friel said the case was still shaky. She lost the argument and the investigation was taken out of her hands, the sources said." And the NY Times reveals:
After Mr. Strauss-Kahn’s arrest, the district attorney’s office faced the question of whether to ask a judge to keep him in custody.
To do so, the office had to obtain an indictment within five days. The alternative was to agree to a bail package so that prosecutors could take their time investigating the case before deciding whether to indict, according to four people briefed on the matter.
In the end, Mr. Vance chose a quick indictment, drawing criticism that he moved before he knew of the accuser’s background.
Prosecutors have said in court that they decided to seek the indictment and to keep Mr. Strauss-Kahn in custody to avoid the possibility of Mr. Strauss-Kahn’s fleeing the country.
Vance also decided not to keep the case with the Sex Crimes Unit and instead appointed to other experienced ADA's, but: "Some people in the office said that decision hurt the office’s handling of the case because those prosecutors were not as familiar with the types of problems that sex crimes prosecutors routinely face: a victim with a troubled background; a he-said, she-said story."
Apparently "no one" in Vance's inner circle "liked" the HBO documentary that focused on Friel and her team; there are rumors that she was fired because she may have compromised the "rape cop" case with her statements during unaired parts of the documentary as well as her alleged refusal to work the Strauss-Kahn the Sunday after his arrest.
Vance was elected in 2009, replacing Robert Morgenthau, who became a national figure during his 35-year tenure. While he was Morgenthau's choice to replace him, now Morgenthau rarely speaks to him as Vance has been shaking up the DA's office. Vance spoke to the NY Times on Monday about his tenure so far— when he knew about the accuser's problematic background and changing statements— and said, "Ultimately, the success of a D.A.’s office— and of a D.A. — is measured not in individual cases, but over time... The cases you don’t read about define what the job of a D.A. really is."
Tagged
accuser
cy vance
cyrus vance
deustche bank fire
dominique strauss-kahn
Justice
manhattan da
problems
rape cop trial
robert morgenthau
Jen Chung
Jen Chung is a former WNYC and Gothamist editor.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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