The Manhattan district attorney's office has declined to file charges against high-powered attorney Sanford Rubenstein in connection with a rape complaint filed against him last year, prosecutors said.
A 42-year-old woman had filed a complaint with the NYPD alleging that Rubenstein attacked her in his East Side apartment following a 60th birthday bash Oct. 2 for the Rev. Al Sharpton. The woman went to the hospital to be evaluated in addition to filing the complaint, sources have said.
On Monday, Manhattan District Attorney Cy Vance's office said in a statement that it reviewed medical records, video surveillance from multiple locations and phone records, and interviewed nearly 50 people over the last few months, and found insufficient evidence to bring a criminal case against Rubenstein.
Rubenstein and his attorneys have vehemently denied the allegations since the complaint filing was made public. Police searched Rubenstein's apartment in connection with the case and were seen carrying out bags of potential evidence early in the investigation.
The 70-year-old Rubenstein was never arrested.
Benjamin Brafman, one of the attorneys representing Rubenstein, said in a statement Monday that he and his client were pleased "that this outrageous lie has been put to rest."
"Mr. Rubenstein has maintained from the very outset that the woman in question was not drunk, she was not drugged and, she was not raped," Brafman said. "Rape is undoubtedly a serious offense. To 'falsely' accuse someone of rape is however, equally offensive."
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Rubenstein thanked supporters and family in a prepared statement he read at a brief afternoon news conference; he took no questions.
Kenneth Montgomery, an attorney for the accuser, told NBC 4 New York the district attorney's office informed his team the accuser had been dehydrated and unconscious, though he didn't make it clear when in relation to the alleged attack she experienced those symptoms. Vance's office denies the assistant district attorneys who met with the accuser said anything about being unconscious.
Montgomery also said he was told marijuana was involved. The district attorney's office did not comment on that.
According to Vance's office, the city's medical examiner conducted toxicology and forensic testing in the case and additional testing was performed at a second, independent laboratory. The district attorney did not release the results of those toxicology tests.
Rubenstein is famous in part for his lawsuits on behalf of police brutality victims including the infamous case of Abner Louima. He was representing the family of Eric Garner, the 43-year-old Staten Island father who died in police custody after being put in a chokehold, but withdrew from the case about a week after reports surfaced about the rape allegation.
He is a member of the National Action Network and has often stood arm-in-arm with Sharpton at protests. Sharpton's 60th birthday bash was held at The Four Seasons Restaurant in Manhattan. Aretha Franklin, Spike Lee, Gov. Cuomo and Mayor de Blasio were among the guests at the party.
The National Action Network said it had been informed of the district attorney's decision.
"The accuser is and remains a member in good standing of our National Board of Directors," the group said in a statement. "We will refer the District Attorney’s decision to the general board before we have any further response or comment."
Sharpton runs the National Action Network and is a talk-show host on MSNBC, which is owned by WNBC's parent company, NBCUniversal.
