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Manhattan DA Won't Prosecute Sanford Rubenstein On Rape Charges
By
John Del Signore
Published Jan 5, 2015
Modified Jan 5, 2015
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By
John Del Signore
Published Jan 5, 2015
Modified Jan 5, 2015
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The Manhattan DA's office has decided not to prosecute high profile attorney Sanford Rubenstein on rape charges. Rubenstein, who counted Al Sharpton among his friends and clients until he was arrested after Sharpton's 60th birthday party last year, was accused of taking a woman home from the event and raping her in his East 64th Street penthouse.
Rubenstein's accuser, who is reportedly a "top official" at Sharpton’s National Action Network, told police that she was drugged by Rubenstein, and that she awoke in his bed the following morning bleeding from her vagina. According to the Post's sources, "A toxicology test taken within two days of the alleged incident came back negative for date-rape drugs, although investigators did find traces of marijuana in her system. The woman says she unknowingly ate a pot-laced cookie given to her by Rubenstein, but prosecutors did not bite on the claim, saying that she could have ingested the drug after the supposed rape."
Rubenstein, who has represented high-profile clients including Abner Louima, Sandra Amezquita, and the families of Sean Bell and Eric Garner, maintained the encounter was consensual, and officials investigated the incident as third-degree rape, which means the victim was "incapable of consent." Ultimately, they concluded there wasn't enough evidence to make a case. Here's the full statement from Manhattan DA spokesperson Joan Vollero:
In this matter, as in every matter that comes before this Office, prosecutors must determine whether a crime has been committed, can be proven beyond a reasonable doubt, and can therefore be prosecuted.
Over the past three months, the District Attorney’s Sex Crimes Unit has conducted a thorough investigation into the incident that occurred on October 2nd and was reported to authorities approximately 36 hours later. In keeping with standard procedure, prosecutors and investigators with decades of experience in such matters reviewed all aspects of the incident, including video surveillance, physical evidence, and medical records, and conducted extensive witness and expert interviews.
The video evidence in this case included surveillance footage from before and after the incident, taken from the lobby and elevator of the suspect’s apartment building, as well as from earlier in the evening at the Four Seasons restaurant. The investigation also included the collection and testing of multiple items of physical evidence, many pursuant to a search warrant executed at the suspect’s apartment, as well as electronic devices and telephone records.
A review of medical records was conducted by an independent medical expert. Experts at the National Institutes of Health and the FBI were also consulted. The Office of the Chief Medical Examiner conducted toxicology and forensic testing, and further testing was performed at a second independent laboratory.
In all, 48 individuals were interviewed over the course of the investigation, including the complainant, the suspect, the complainant’s friend who accompanied her to the suspect’s apartment, Four Seasons employees, employees of the building where the incident occurred, drivers, and event guests.
Given the available evidence, the degree of the complainant’s recollection of what occurred at the suspect’s apartment, and the results of the toxicological testing, neither the provable facts nor the applicable law support a prosecution in this matter.
Kevin White, the victim's lawyer, has accused the DA's office of being biased toward Rubenstein, and said, "Every attempt to seek justice for the victim has been met with incredibly offensive and outlandish explanations that embolden Rubenstein’s privileged status." White now intends to file a civil suit against Rubenstein.
Defense attorney Ben Brafman said, "Rubenstein has maintained from the very outset that the woman in question was not drunk, she was not drugged and she was not raped. Rape is undoubtedly a serious offense. To 'falsely' accuse someone of rape is however, equally offensive. We are obviously pleased that this investigation is over and that this outrageous lie has been put to rest."
John Del Signore
Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.
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