Accuser's Attorney Blasts Borough's Top Cop, Vows To Continue Lawsuit

NEW YORK (CBSNewYork/AP) — Case dismissed.

On Tuesday, Appellate Court Judge Michael Obus agreed to drop the sexual assault charges against Dominique Strauss-Kahn. The former head of the International Monetary Fund then spoke out for the first time, reports CBS 2’s Pablo Guzman.

Obus issued a written ruling on the special prosecutor request – less than an hour before Strauss-Kahn was due in court.

“The court concludes that nothing called to its attention establishes disqualification or warrants removal of the elected district attorney of this county,” wrote Obus.

When Assistant Manhattan District Attorney Joan Illuzzi-Orbon told the court her office was recommending all charges be dropped against Strauss-Kahn, his wife, Anne Sinclair, broke into a smile. That said it all, and later, the media heard Strauss-Kahn read a written statement.

“These past two and a half months have been a nightmare for me and my family,” he said. “I want to thank all the friends in France and in the United States who have believed in my innocence and to the thousands of people who sent us their support personally and in writing. I am most deeply grateful to my wife and family who have gone through this ordeal with me.

“We will have nothing further to say about this matter and we look forward to returning to our home and resuming something of a more normal life,” he said.

Strauss-Kahn’s attorney, Benjamin Brafman, maintained the importance of the difference between consensual sex and rape. “You can engage in inappropriate behavior, perhaps,” Brafman said. “But that does not make it a crime.

“This is a horrific nightmare that he and his family have lived through. It is impossible for you to understand or grasp the full measure of relief Dominique Strauss-Kahn feels today,” Brafman told CBS 2’s Sean Hennessey.

Manhattan District Attorney Cyrus Vance was about to answer questions from reporters when Tuesday’s earthquake tremor struck. Later, in a statement, he pointed to the credibility problems of Nafissatou Diallo, who had said Strauss-Kahn tried to rape her inside the posh Sofitel hotel back in May, as the reason why charges were dropped.

“But her testimony was fatally damaged…In dismissing the case today, we believe — and I believe — this is the right decision,” Vance said.

As protestors vented in front of court, Diallo’s lawyer, Ken Thompson, blasted the DA.

“He has not only turned his back on this innocent victim, he has also turned his back on the forensic, medical and other physical evidence in this case,” Thompson said.

Diallo said she filed the suit to stand up for herself and other women.

“Dominique Strauss-Kahn got lucky,” said Sonia Ossorio, executive director for the New York City chapter of the National Organization for Women. “He attacked a woman with a shady past, and all too often in rape cases that’s exactly what we see. A woman’s past, her credibility, is what’s on trial — not the incident at hand.”

Thompson said he is continuing the civil case on his client’s behalf for monetary damages against Strauss-Kahn. Attorney Matthew Galluzzo, once a prosecutor in the Manhattan DA’s sex crimes unit, told Guzman he believes Diallo doesn’t have much of a claim at this point.

“I do think that what happened today significantly decreased the value of that lawsuit, let’s put it that way,” Galluzzo said.

Some legal observers also pointed out that there could be problems with having the civil case in the Bronx, because they say some of the Bronx jurors may have the same problems with holes in Diallo’s story that the Manhattan DA had.

What do you think? Should this case go forward? Or is dropping it the right move? Sound off in our comments section.

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

Comments (32)
  1. Ted says:

    This is why the DA dropped it, he risked disbarment:

    Looking Back at the Duke Lacrosse Rape Case

    On the legal front, in June 2007 a N.C. State Bar disciplinary panel concluded after a trial that DA Nifong had made inflammatory and prejudicial comments about the case, intentionally withheld DNA evidence and lied to court officials. The panel called for his disbarment and Nifong resigned his office.

    On April 11, 2007, North Carolina Attorney General Roy Cooper stepped before a crowded press conference and spoke the words that ended one of the most publicized legal stories in recent American history. “We believe these three individuals are innocent of these charges,” he said.

    Cooper’s long-awaited decision ended a legal ordeal for three Duke University students who had been charged with first-degree sexual offense, kidnapping and, earlier, with rape. The allegations were made by one of two exotic dancers that members of the Duke men’s lacrosse team had hired to perform at an off-campus party in March 2006. Durham District Attorney Mike Nifong stated publicly that a rape had taken place and prosecuted the three students vigorously even as evidence mounted that raised serious questions about the accuser’s credibility and the veracity of the charges.

  2. lulu says:

    I wonder if the Personnel Dept at the Soteil Hotel would give me a job.I have a great resume. I don’t speak French, and I’m a refugee from Lampadusa, and I’m also hard of hearing. I kinda feel sorry for the victim, she got her 10 minuets of fame, and a French pedimani.

  3. Mrs.knowitall doubtfire says:

    The prostitute ? maid set him up for the big dollars in any event
    it is said she has AIDS,that’s his punishment.

  4. Nadia says:

    If the perp was a low-income black man without steady employment and strong family support, this case would NOT have been dropped against him, no matter what the credibility status of the accuser was. In fact, he would still be held in the custody of the DOC while awaiting trial and been completely disenfranchised. Who cares what we think. What is done is done. There is no equal justice under the law.

  5. Pplrfunny says:

    As a young woman I am disgusted by Ms. Diallo. She made a mockery of every rape victim. Let’s not forget that she lied about being gang raped to come here and even continued that lie to the DA. I read yesterday that she went as far as to roll around on the floor of the DAs office in hysterics of how a group of men riipped her two year old from her arms, through her to the ground and raped her. If someone is THAT good a liar, they have had a LOT of practice. The only justice in this case would be if DSK sued her and the DAs office and if she got billed for back taxes and was then deported…

  6. Dale Auburn says:

    Why did they spend all these millions of taxpayer dollars if they effectively planned all along to accept DSK’s claim of diplomatic immunity?

    1. Michael H. says:

      What millions? What diplomatic immunity? What facts are you basing your comment on?

  7. dyinglikeflies says:

    We have to un-poliicize the way people are arrested. This guy would have surrendered privately in the company of his lawyer. We represent people doing that all the time. Here, the DA’s office wanted the publicity that came from the perp walk. Shameful and un-American. Aren’t we supposed to be MORE fair than other systems?

  8. Outraged says:

    The rich white boys have circled the wagons and denied a poor, Black woman her right to seek justice. DA Vance should be ashamed of himself. No matter what Ms.Diallo may have lied about in her past, the physical evidence that DA Vance used to get an indictment against DSK did not change. The evidence supported Ms. Diallo’s assertions and she never changed her account of the rape. DSK’s background actually supported Ms. Diallo’s accusation as well. He is a known abusive womanizer. DA Vance had what he needed to take this case forward. His cowardice and elitism kept him from doing so, not Ms. Diallo’s background. He should be recalled and a special prosecutor should be appoionted to prosecute this case. All women, especially poor minority women, are at risk as a result of this travesty of justice.

  9. BF says:

    He is a pervert and always will be. Send him back to France they can have the low life. He would make a good president there.

  10. JOSH SUCKS says:

    Does he get to sue the city of NY now?

  11. clara says:

    she is lying the only thing for her is the money,hope don’t get none.clara

  12. Mary Narvaez says:

    I was seating in my recliner when I felt like I was moving,at first I Did not know what was happening but when I noticed the chandlier was moving and two picture fell to the floor I realized it was a earthquake. It was pretty scary Since Im on the 13th floor And is hard for me to run down the stairs. Im in Yonkers NY.

  13. Pepe Le Piu says:

    Pepe Le Piu, left le volice du Money, in Le Laywers salon

  14. Drupal says:

    Seriously, the woman would probably be able to beat DSK in a straight up fight. Rape? Forcing her into oral sex? How exactly does an old man who’s weaker than you and with no gun actually achieve this? Hypnosis? C’mon

  15. finbar devine says:

    why are these protesters so sure she is telling the truth ?

    1. BF says:

      Because people who are innocent don’t run like he did… You understand…

  16. Slim Pickens says:

    Like taxes,laws are only for the little people.

  17. Balldancer says:

    Elle est un cochon. Elle devrait être expulsé vers la Guinée.

  18. ProFromDover says:

    It was a “Strauss Con” from the start.

    Do not pass “Go”; do not collect $2M. Go directly to jail for filing a false police report. (No get out of jail free card…)

  19. Stevo says:

    Remember the woman in Durham, NC who falsely accused 3 Duke University lacrosse players of rape. She too was a liar who put several innocent people at the mercy of the prosecutor. Incidentally, that fellow was disbarred after concealing evidence to support the case.

  20. pete says:

    Shame on American Justice, shame on the corrupt judge and DA. We will remember you at the next elections!!! The outcome was predictable, the story of David against Goliath has no meaning anymore. Now it is Goliath against David, and Goliath wins easily every time. The US is bankrupt, it loses every war it starts, all we have left is pride, and that is going too. We have to clean house fast, before that is all gone completely.

    1. IgnoranteElephante says:

      Shame on you for being so naive! While her lawyer makes lofty remarks in his legal papers about the chilling effect of dismissal, he does nothing to contest any of the inconsistencies that his client has perpetrated. In fact, his biggest gripe is that the prosecution turned over to the defendant too much evidence, too soon.

      Being a lawyer, he is well aware that the defendant is entitled to all of this being turned over, so why complain about it? Because he wanted the prosecution to hold off a few more months, so he would be able to shake down Strauss Kahn a little longer while he was still public enemy number one. I say—as if it matters—jail her and her lawyer.

  21. IgnoranteElephante says:

    Remember when sources at the District Attorney’s Office said the accuser was a religious Muslim whose story was accurate and corroborated? The District Attorney’s Office should be ashamed of itself for initially vouching for this women. It is one thing to zealously prosecute a case, it is quite another to publically humiliate someone who is presumed innocent without verifying the material details and relying solely on the accuser’s claim that she is a religious Muslim. This guy is a pig and a pervert, but sex alone—no matter how raunchy, womanizing, or adulterous—does not add up to rape unless it was done without the other participant’s consent. Semen and other evidence that intercourse took place only amount to just that and nothing more.

    While we are at it, shame on Mayor Bloomberg for inappropriately adding his two cents that those who do the crime should not mind being paraded in front of the media like spectacles. That the mayor of the biggest city in the country does not have a grasp on the fundamental principle of innocent until proven guilty that is imbedded in the concept of due process is troubling.

    Finally, shame on Assemblyman Rory Lancmen, from Queens, for proposing legislation in the aftermath of this hoax requiring hotels to provide housekeepers with body alarms. He demonstrated the problem of reactionary legislation. With nothing more than an unsubstantiated and isolated claim of rape in a hotel, he sought to burden us all with another nonsensical, unproven, and unneeded law. Perhaps, Mr. Lancmen had stock in a body alarm company.

    1. DR. MENGLE,GOT TWINS? says:

      you got it right…your name sure is not what you are in real life. a true double oxymoron…smarter than these so called educated fools…but that french pig-frog..if ya gave me time with him in a i make him think degual was a jew..oops..

  22. amber says:

    Everybody was screaming the same thing during the Duke Lacrosse players case; they all had those players tried, convicted and hung the day after the story broke. Except in that case it was all a lie by the accuser and the DA still shoved the charges through with horrible results for all involved.
    I’m not claiming that DSK is innocent or guilty just that their are a lot of similarities with the inconsistant testimony etc. He may be guilty as sin but before those demonstrators throw the noose over the tree branch they need to take a step back and consider it’s not as simple as rich guy vs maid.

    1. Scott says:

      Very well said, Sir.

  23. Jo Sonny says:

    Looks like all the right pockets have been lubed lol.

  24. Dom says:

    Right now, there are 10,000 inmates at Rikers Island that are saying, “Now if only I was running for the presidency of a foreign country and had a billionaire wife, I would be FOUND INNOCENT too!”

    1. edward says:

      In this high profile case, it is highly doubtful that DSK’s position or his wife’s fortune had anything to do with dropping the charges.Initally the DA’s office was quite agressive in pursuing the criminal charges.If you may recall, events earlier this spring, really embarrassed the DA’s office.They wanted no error here.
      Frankly, as the stories Ms. Diallo told proved inconsistant, they had no choice but to drop the case.
      The pity is that many people were duped into feeling sympathy for Ms. Diallo who appears to be more the predator here than the victim she would like everyone to believe that she is. Her case was further destroyed by her rather unscrupiluous attorney who wants to collect his contingency fees.

      1. Steven says:

        Well said!! I don’t feel any sympathy for Ms. Diallo because she is lying in order to get money out of DSK (which I think was the intent from Day 1). I do believe there was something inappropriate going on that day but it was too hard to prove given Ms. Diallo’s inconsistencies in her story.

  25. colosg says:

    How can the prosecutors defend this woman when she has already being acknowledged as a habitual liar…

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