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Dominique Strauss-Kahn: Countdown to Dismissal

The Wall St. Journal and the New York Post are reporting the DA's office is likely to drop charges against Dominique Strauss-Kahn at or before his July 18 court date, due to the accuser's credibility issues and prosecutors' doubts as to whether a crime was committed.

There are new details about the accuser's actions after the encounter and how she encountered her supervisor. The WSJ reports:[More...]

The woman also told prosecutors she hadn't hidden in a hallway after her encounter with Mr. Strauss-Kahn, which occurred around noon, but had continued to clean before reporting the alleged attack to her supervisor, said the prosecutors' court filing on Friday.

According to officials familiar with the situation, the maid never called her supervisor after the alleged incident but resumed cleaning a nearby room she had started earlier. She then returned to clean Mr. Strauss-Kahn's room, they said, and ran into her supervisor when she went to get fresh sheets.

The accuser has also provided investigators with details about a second source of income (she had initially denied any work outside the Sofitel:

[T]he woman acknowledged she earned money by referring customers to ACN Inc., a marketing business based in Concord, N.C. Carolina that offers Internet, television and phone services.
An ACN spokesman confirmed the woman was an independent contractor who had "acquired some customers" between November 2010 and February 2011.

She initially denied having more than one cell phone but later admitted having a second phone, which she used to call her inmate/husband in jail in Arizona.

The WSJ also reports investigators were concerned not just about the large deposits into her bank account (which she attributed to having been made by the AZ inmate and his friends without her knowledge) but large withdrawals.

Authorities also are looking into transactions involving tens of thousands of dollars in deposits to an account in the woman's name made by men in different states, the official said. The maid said she had given the bank account number to the inmate in Arizona and wasn't aware whether any of the deposits related to illegal activities. Investigators are trying to track who made large withdrawals from the account, the official said.

The WSJ also reports details of her new allegation of rape in Guinea (she previously admitted the gang rape story on her asylum application was false but said she had been raped at some other time.) Now she says:

"She was taken from her store to a jail cell by some military people, and she was then raped by two of them" one after another, the woman said, according to an official familiar with her account. The woman added that "she never told anyone about that until this day."

The New York Post, as always, is less flattering to the accuser and sticking to its claim that this was about money and she got angry when DSK didn't pay her and was dismissive of her. It now says its information is from both defense and prosecution investigators.

Meanwhile, defense sources described a different scenario, in which DSK admittedly engaged with the maid in a consensual, sex-for-money exchange in his Sofitel suite, with no force involved -- and she turned against him only when he stiffed her.

...Multiple investigators for the defense and prosecution have confirmed that they believe the maid was turning tricks at the hotel, and prosecution sources have even accused her of continuing to "entertain" male visitors while in a DA safehouse.

Defense lawyers said a few days ago there was no discussion of money, nor was payment asked for or contemplated by DSK. They seem to be saying DSK had no idea she expected money or would be angry when he left the hotel without leaving any for her, so there's no reason for him to agree to plead to a misdemeanor prostitution charge.

As I opined here and several times, it sounds to me like the only one still under investigation is the accuser, as prosecutors decide to whether to charge her with lying to the grand jury, tax fraud, and/or immigration fraud.

I don't think there's any more investigating the DA's office can do as to the truth of the sexual assault allegations. It's her word against his, she has lied, and he has remained silent, other than to deny a forcible encounter. I suspect the reason the DA hasn't yet dismissed the charges against Dominique Strauss-Kahn is because they are still investigating the accuser, and it's opened a big can of worms. And a lot of problems for her and her associates, whoever they are.

I'm convinced the DA's office will dismiss the charges against DSK, probably before July 18, the date of his next appearance. They probably want to do it in a nice, tidy way, with an explanation of why the accuser is or is not being charged for lying on her asylum application or to the grand jury. And that's the part they haven't figured out yet.

The Post reports there will be a meeting tomorrow between prosecutors and DSK's legal team.

I completely disagree with those who say the DA's office acted properly in arresting and indicting DSK before checking out the accuser's background. In a he-said/she-said case like this, where there is evidence of sex, and it is not inconsistent with a consensual encounter, there should be some corroboration. William Saletan at Slate has a good article on this aspect.

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  • Display: Sort:
    Any err... (5.00 / 1) (#2)
    by kdog on Tue Jul 05, 2011 at 09:39:08 AM EST
    should be made on the presumption of innocence side, not the presumption of guilt.

    Nobody wants to see a violent criminal escape justice, but our system is designed as such to better protect the innocent...and thank goodness.

    France returns fugitives. Just because of (5.00 / 1) (#11)
    by observed on Tue Jul 05, 2011 at 11:14:01 AM EST
    one case, you can't infer a general policy.
    Look at it this way, you are arguing that the NY police should treat a foreign dignitary WORSE than an American citizen---viz, if DSK were American, they wouldn't rush to arrest.
    Is it really your position that US law enforcement should routinely violate as many rights of non US citizens as possible?!
    Obviously this is a frivolous charge, but because of the police rush to judgment, enormous damage to his reputation and career have been done.


    Parent
    Thank you. (none / 0) (#19)
    by Buckeye on Tue Jul 05, 2011 at 12:07:00 PM EST
    I am getting tired of people constantly referring to the Polanski case as if we are justified doing whatever we want to French citizens.  That case happened a long time ago and was exceptional.  I am no fan of Polanski at all, but the judge in his case was a clown that was trying to use this case for all he could get out of it.  Polanski and the prosecutors had made agreements and he had served some time.  It was all being ignored and Polanski knew he could not trust our judicial system.  What he did was wrong and IMO deserved worse punishment than what he got, but the problem in that case was on our end.  Because France protected this one person that one time does mean prosecutors should treat French visitors accused of crimes differently.

    Parent
    All the DA had to do (5.00 / 2) (#25)
    by Zorba on Tue Jul 05, 2011 at 12:54:13 PM EST
    was quietly launch an investigation, get its ducks in a row, and then have him arrested the next time he came to this country.  The IMF has its headquarters in Washington, DC, Strauss-Kahn owns a home in Georgetown, and I hardly think that it would have been terribly difficult to have him "extradited" from DC to New York City, the next time he came over here on IMF business.  Vance jumped the gun.

    Parent
    It may be neither possible (5.00 / 0) (#53)
    by KeysDan on Tue Jul 05, 2011 at 07:29:41 PM EST
    nor necessary to conduct the investigation quietly.  But what is necessary is to conduct the investigation as thoroughly as possible prior to indictment.    Until now the bulk of the information undermining the prosecution's case comes from the prosecution.  At trial, of course, there would also be a defense--the product of their investigations and cross examination of witnesses.  

    Parent
    Maybe in a perfect world, Zorba, but, (none / 0) (#34)
    by Anne on Tue Jul 05, 2011 at 03:16:53 PM EST
     I have my doubts whether the DA could have launched a quiet investigation of any kind in this clearly high-profile case; it would have required the accuser to remain quiet and the potential accused to do the same - along with law enforcement and related agencies.  

    I wasn't a fan of the perp walk, for sure; that was sensational and gratuitous, and has proven to hurt the whole operation rather than help.  If prosecutors were more focused on justice and the presumption of innocence, as opposed to seeming to be hell-bent to lock people up, we might have a system that is truer to the founders' intent, but there I go again, dreaming of that perfect world.


    Parent

    Too true, Anne (none / 0) (#39)
    by Zorba on Tue Jul 05, 2011 at 05:24:58 PM EST
    It seems to be all about the publicity, as opposed to actual justice being done.  Although, I'm not so sure that the accuser would have run to the media immediately, given her immigration questions, incarcerated husband, questionable bank account, and other problems (unless she was totally stupid- naive, maybe, but probably not totally stupid).  And I highly doubt that DSK would have gone public if he did not know that he was being investigated, or believe that he had done anything wrong.  

    Parent
    Thems the breaks... (none / 0) (#5)
    by kdog on Tue Jul 05, 2011 at 09:58:11 AM EST
    the presumption of innocence and the rules of criminal justice engagement are bigger than any one rapist, murderer, etc.

    It is regrettable, but suspects fleeing the jurisdiction before evidence is gathered and analyzed, corroboration obtained, etc. should happen on the regular in a system such as ours.  I do not wanna live in a society where police can just grab anybody before the facts are straight...thats Kafka-esque tyranny.

    Parent

    Saying "it happens every day"... (none / 0) (#9)
    by kdog on Tue Jul 05, 2011 at 10:34:23 AM EST
    don't make it right boss...but you're right, it does...and the sh*t ain't right.  

    We are way too quick to the draw with the handcuffs, no doubt.  Pretty rare for it too happen to such a rich powerful international figure is all.  Not the equality under the law I had in mind to strive for...treating everybody as bad as the proles are treated.

    Parent

    in this country. I saw this article linked to yesterday. A guys trial is delayed for 680 days and the Mississippi Supreme court is ok with it.

    Of course I'm sure he didn't have resources of DSK.

    Parent

    I hope the omelette... (none / 0) (#29)
    by kdog on Tue Jul 05, 2011 at 01:02:45 PM EST
    tastes really good to justify all the broken eggs.

    Personally I think it tastes like sh*t...all the kings horses and all the kings men can't put the busted eggs back together again, and I see no Utopia.

    Economics ain't the only arena where we've lost our god damn collective minds.

    Parent

    clearly the accuser has not been raped (5.00 / 1) (#23)
    by The Addams Family on Tue Jul 05, 2011 at 12:42:21 PM EST
    she has been womanized

    I give (none / 0) (#24)
    by AngryBlackGuy on Tue Jul 05, 2011 at 12:44:09 PM EST
    what does this mean?

    Parent
    Addams can certainly (none / 0) (#33)
    by KeysDan on Tue Jul 05, 2011 at 01:56:38 PM EST
    respond better than I, but my understanding of the comment is that DSK's behavior at the Sofitel is being chalked up by some as just being another example of his reported caddishness--a case of his roving eye and other body parts to be thought of as "womanizing" and not the serious crime of rape or attempted rape and sexual assault.  The frustration and cynicism that I sense, underscores the need for care in building a case for criminal prosecution--one that is required to be proven beyond reasonable doubt.  Accusations of rape have been observed to be difficult to prove. The recent case of NY policemen Ken Moreno ("the cuddling cop") and Franklin Mata resulting in acquittal seemed particularly egregious given the circumstances of four visits (one conjured up to justify a return)  to the apartment of an intoxicated woman whom they were assigned to escort home. However, the intoxication seemed to trump the charge and introduced sufficient doubt.   While the cases are different, of course, it points out that the serious crime of rape needs serious preparation for effective prosecution.

    Parent
    I think the only people.. (none / 0) (#26)
    by kdog on Tue Jul 05, 2011 at 12:54:15 PM EST
    who will ever know are DSK and the accuser.

    And that's probably true if the DA went ahead and prosecuted as well...the nature of he said/she said and no other evidence of use of force.  There is no more difficult crime to prove beyond a reasonable doubt.

    I guess it boils down to the lesser evil, rapists going free or caging innocents.  I have my opinion of the greater wrong, but reasonable people c