By JOHN ELIGON
Published: May 26, 2011
Lawyers for Dominique Strauss-Kahn have contended that they possess information that they believe will undermine the credibility of the hotel housekeeper who has accused their client of sexual assault.Multimedia
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News Analysis: Setback for Top Prosecutor as Another Big Test Looms (May 27, 2011)
Times Topic: Dominique Strauss-Kahn
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The suggestion, contained in a three-page letter from the lawyers to Cyrus R. Vance Jr., the Manhattan district attorney, was almost entirely devoted to the lawyers’ complaints about unauthorized disclosures of the case to the press. But it included a reference to unspecified information that they said would hurt the prosecution’s case.In the letter, sent Wednesday and made public Thursday, the lawyers, William W. Taylor III and Benjamin Brafman, said “our client’s right to a fair trial is being compromised by the public disclosure of prejudicial material even before these materials have been disclosed to his counsel.”“Indeed,” they added, “were we intent on improperly feeding the media frenzy, we could now release substantial information that in our view would seriously undermine the quality of this prosecution and also gravely undermine the credibility of the complainant in this case.”The letter seemed to serve as a form of legal gamesmanship — allowing Mr. Strauss-Kahn’s lawyers to hint at damaging information about the housekeeper without revealing it. Mr. Brafman declined to elaborate on that information.Mr. Vance’s office responded with its own letter, noting it was dismayed that Mr. Strauss-Kahn’s lawyers “chose to inject in the public record your claim that you possess information that might negatively impact the case and ‘gravely’ undermine” the woman’s credibility.The letter, by Joan Illuzzi-Orbon, the chief of the hate crimes unit, who was just appointed to the case, indicated that prosecutors knew of no such information. “If you really do possess the kind of information you suggest that you do, we trust you will forward it immediately to the district attorney’s office,” Ms. Illuzzi-Orbon wrote.Lawyers for the accuser did not return calls seeking comment.Attacking her credibility may be a crucial part of Mr. Strauss-Kahn’s legal strategy. Although there have been leaks that DNA evidence ties him to a sex act, it would not indicate whether that act was forced or consensual — putting greater weight on the credibility of the woman and of Mr. Strauss-Kahn, who stepped down last week as head of the International Monetary Fund.Both sides have begun the process of gathering background evidence on Mr. Strauss-Kahn and the housekeeper, who said Mr. Strauss-Kahn attacked her May 14 after she entered his room at the Sofitel New York to clean it.Prosecutors, for example, have said they have been in contact with “more than one” woman who said she had been sexually assaulted by Mr. Strauss-Kahn; at one court appearance, a prosecutor said, without elaboration, Mr. Strauss-Kahn had “a propensity for impulsive criminal conduct.”The defense has hired the firm Guidepost Solutions to investigate the housekeeper’s background and examine any weaknesses in her account.Mr. Taylor and Mr. Brafman also appeared to be using the letter as a way to try to speed up the discovery process, in which the prosecution turns over evidence to the defense.In addition to asking Mr. Vance to try to stop the leaks, the lawyers asked that his office “promptly provide us with copies of all of the scientific reports that have been completed and have already been leaked to various media outlets.”The defense was referring to reports that Mr. Strauss-Kahn’s DNA was found on the uniform of the hotel housekeeper.The letter also asked the prosecution to turn over all police reports and formal statements made by the accuser because her statements already had been reported by the news media.The letter said the leaked information had been attributed to sources in the New York Police Department. Asked about the lawyers’ contention that the police were leaking information, Commissioner Raymond W. Kelly said, “I certainly hope that’s not the case.”The lawyers also cited a “wide array of prejudicial information about Mr. Strauss-Kahn, including information which, even if true, would never be admissible in any court.”
Lawyers for Dominique Strauss-Kahn have contended that they possess information that they believe will undermine the credibility of the hotel housekeeper who has accused their client of sexual assault.
Multimedia
Related
City Room: Now Known for Strauss-Kahn, Town House Was Known for Its Renovation (May 26, 2011)
News Analysis: Setback for Top Prosecutor as Another Big Test Looms (May 27, 2011)
Times Topic: Dominique Strauss-Kahn
Related in Opinion
The suggestion, contained in a three-page letter from the lawyers to Cyrus R. Vance Jr., the Manhattan district attorney, was almost entirely devoted to the lawyers’ complaints about unauthorized disclosures of the case to the press. But it included a reference to unspecified information that they said would hurt the prosecution’s case.
In the letter, sent Wednesday and made public Thursday, the lawyers, William W. Taylor III and Benjamin Brafman, said “our client’s right to a fair trial is being compromised by the public disclosure of prejudicial material even before these materials have been disclosed to his counsel.”
“Indeed,” they added, “were we intent on improperly feeding the media frenzy, we could now release substantial information that in our view would seriously undermine the quality of this prosecution and also gravely undermine the credibility of the complainant in this case.”
The letter seemed to serve as a form of legal gamesmanship — allowing Mr. Strauss-Kahn’s lawyers to hint at damaging information about the housekeeper without revealing it. Mr. Brafman declined to elaborate on that information.
Mr. Vance’s office responded with its own letter, noting it was dismayed that Mr. Strauss-Kahn’s lawyers “chose to inject in the public record your claim that you possess information that might negatively impact the case and ‘gravely’ undermine” the woman’s credibility.
The letter, by Joan Illuzzi-Orbon, the chief of the hate crimes unit, who was just appointed to the case, indicated that prosecutors knew of no such information. “If you really do possess the kind of information you suggest that you do, we trust you will forward it immediately to the district attorney’s office,” Ms. Illuzzi-Orbon wrote.
Lawyers for the accuser did not return calls seeking comment.
Attacking her credibility may be a crucial part of Mr. Strauss-Kahn’s legal strategy. Although there have been leaks that DNA evidence ties him to a sex act, it would not indicate whether that act was forced or consensual — putting greater weight on the credibility of the woman and of Mr. Strauss-Kahn, who stepped down last week as head of the International Monetary Fund.
Both sides have begun the process of gathering background evidence on Mr. Strauss-Kahn and the housekeeper, who said Mr. Strauss-Kahn attacked her May 14 after she entered his room at the Sofitel New York to clean it.
Prosecutors, for example, have said they have been in contact with “more than one” woman who said she had been sexually assaulted by Mr. Strauss-Kahn; at one court appearance, a prosecutor said, without elaboration, Mr. Strauss-Kahn had “a propensity for impulsive criminal conduct.”
The defense has hired the firm Guidepost Solutions to investigate the housekeeper’s background and examine any weaknesses in her account.
Mr. Taylor and Mr. Brafman also appeared to be using the letter as a way to try to speed up the discovery process, in which the prosecution turns over evidence to the defense.
In addition to asking Mr. Vance to try to stop the leaks, the lawyers asked that his office “promptly provide us with copies of all of the scientific reports that have been completed and have already been leaked to various media outlets.”
The defense was referring to reports that Mr. Strauss-Kahn’s DNA was found on the uniform of the hotel housekeeper.
The letter also asked the prosecution to turn over all police reports and formal statements made by the accuser because her statements already had been reported by the news media.
The letter said the leaked information had been attributed to sources in the New York Police Department. Asked about the lawyers’ contention that the police were leaking information, Commissioner Raymond W. Kelly said, “I certainly hope that’s not the case.”
The lawyers also cited a “wide array of prejudicial information about Mr. Strauss-Kahn, including information which, even if true, would never be admissible in any court.”
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