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Reports: DA Vance Has Asked Judge To Dismiss DSK's Sexual Assault Charges
By
Christopher Robbins
Published Aug 22, 2011
Modified Aug 22, 2011
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By
Christopher Robbins
Published Aug 22, 2011
Modified Aug 22, 2011
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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.
Tagged
crime
cy vance
dominique strauss-kahn
dsk
le perv
manhattan da
nypd
rape
sexual assault
sofitel
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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