It’s close to over, as prosecutors have moved to dismiss the indictment finding the alleged victim to be truth-challenged:
When they moved Monday to drop the biggest case on their docket, the woman was portrayed as its fatal weakness. She “has not been truthful on matters great and small” and has an ability to present “fiction as fact with complete conviction,” and medical and DNA evidence is “simply inconclusive” as proof of a forced sexual encounter, they wrote.
“Our grave concerns about (her) reliability make it impossible to resolve the question of what exactly happened” between the hotel maid and the former International Monetary Fund leader, they wrote.
As further reported in The NY Post:
“In virtually every substantive interview with prosecutors, despite entreaties to simply be truthful, she has not been truthful, on matters great and small, many pertaining to her background and some relating to the circumstances of the incident itself,” prosecutors say in the damning document….
“After an extensive investigation, it is clear that proof of two critical elements — force and lack of consent — would rest solely on the testimony of the complaining witness at trial,” prosecutors wrote in asking for dismissal. “Indeed, the case rises and falls on her testimony.”
But, the filing concludes, “because we cannot credit the complainant’s testimony beyond a reasonable doubt, we cannot ask a jury to do so.”
The Manhattan DA is coming under fire from the alleged victim’s attorney and some other groups looking to stir up trouble, but he made the right decision.
As pointed out in one of my prior posts, a criminal trial should not be a crap shoot where the prosecution throws evidence into the courtroom and waits to see where and how it lands. If the prosecution did not believe in the case, it would have been improper for them to stand in front of a jury and claim otherwise.
We’ll never know what actually happened. But it is the right result for the criminal justice system.
Updates: The Judge in the case has rejected a request by the alleged victim for appointment of a special prosecutor.
And, the charges now have been dismissed with a big “but” attached to it:
A judge formally ordered the dismissal of all criminal charges against Dominique Strauss-Kahn on Tuesday, but he said his order would be stayed until an appellate court decides whether a special prosecutor should be appointed.