Prosecutors File Motion to Drop DSK Charges, Saying Evidence Does Not Establish Her Claims

The French diplomat will likely be free to go back home on Tuesday

Prosecutors filed a motion on Monday to dismiss all charges against Dominique Strauss-Kahn, stating that the Manhattan maid who accused him of sexual assault had told so many lies that her story could no longer be considered reliable.

Strauss-Kahn was believed to be a top French presidential contender until he was accused of attacking the maid when she entered his room to clean it.

The development comes more than three months after the former head of the International Monetary Fund was arrested, and more than seven weeks after a judge released him from house arrest as investigators admitted they had discovered significant problems with her credibility.

"The physical, scientific and other evidence establishes that the defendant engaged in a hurried sexual encounter with the complainant, but it does not independently establish her claim of a forcible, nonconsensual encounter," the motion says.

It describes her statements about the day as "shifting and inconsistent," and that prosecutors could therefore not be certain about what took place in the Sofitel room that day.

The accuser, who came forward late last month and identified herself as Nafissatou Diallo, met with prosecutors briefly Monday as the motion was filed. Her attorney, Ken Thompson, has said she was not treated fairly and that the DA bungled the case.

Thompson said after the motion was filed that Manhattan District Attorney Cyrus Vance Jr. has "turned his back" on the accuser and the evidence.

"Just a few weeks ago, District Attorney Vance and his prosecutors were arguing in open court about how strong the evidence was ... now, today they seek to run away from that very same evidence," Thompson said.

Strauss-Kahn's lawyers, William Taylor and Benjamin Brafman, said in a statement that their client and his family "are grateful that the district attorney's office took our concerns seriously and concluded on its own that this case cannot proceed further."

Strauss-Kahn is due in court on Tuesday, where a judge is expected to officially grant the prosecution's request and dismiss the case. There was no immediate comment from the DA.

Diallo said at a recent rally that she has cried every day since her encounter with Strauss-Kahn.

"What happened to me, I don't want that to happen to any other woman," she said.

Prosecutors said last month that they discovered she had lied about parts of her past, as well as her actions on the day of the encounter, May 14.

Read a timeline of the case here.

The case against the French diplomat upended politics in his home country, where he was a likely Socialist candidate for president next year. When he was first arrested, it was widely believed that his
political career was over. Days after he was arraigned, he also resigned as head of the IMF.

Prosecutors said in their motion Monday that they believed she was reliable when Strauss-Kahn was first indicted.

But after the investigation then turned up inconsistencies with her statements, the motion said, "the nature and number of the complainant's falsehoods" made it impossible to stand by her version of events beyond a reasonable doubt.

"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," the motion said.

The woman first claimed, and testified to a grand jury, to have gone down the hallway and waited until Strauss-Kahn left the room, before immediately reporting the incident to her supervisor. Prosecutors now say that was not true.

After the incident, she proceeded to clean another room and then returned to Strauss-Kahn's room to clean it before then going to report the incident.

There were also inconsistencies on the maid's application for asylum from Guinea, where she is from. The lies, which were made under penalty of perjury, could expose her to federal charges.

In the asylum application, and to prosecutors, the maid claimed her family was persecuted and harassed by Guinea's dictatorial regime, and that police and government soldiers had destroyed her home and beaten her and her husband.

She later admitted to prosecutors that the information was a lie. Prosecutors also said she falsely claimed to have been gang raped in Guinea, and had lied about her finances to get low-income housing in New York.

"All of these falsehoods would, of course, need to be disclosed to a jury at trial, and their cumulative effect would be devastating," prosecutors said in the motion.

The maid's attorney has insisted that evidence still shows the woman was attacked by Strauss-Kahn, including ripped stockings and DNA evidence on her clothing that matched a sample from him.

The prosecution's motion made reference to both pieces of evidence. In the case of the DNA, prosecutors said it proved they had an encounter, but not a forced one.

In addition to semen on her dress, there was also his DNA -- in the form of skin cells -- on the waistband of her stockings and underwear, and on the crotch of her stockings. This, the motion says, proves he touched her, but does not prove that he forcibly groped her.

And prosecutors said the stockings did have "defects" on them, but said the maid had told them she did not know if they were related to the encounter.

"For these reasons, we would be unable to argue to a jury that the defects observed in the complainant's panty hose corroborate the claim of a forced encounter," the motion says.

Read the prosecution's motion in full here.

Her lawyer on Monday separately filed a motion to disqualify the Manhattan DA's office from handling the case, asking that a special prosecutor be appointed. He argued that the DA has "sabotaged" the prosecution, leaked false statements about the maid to the press and subjected her "to verbal abuse and outright disrespect."

His motion quotes a prosecutor telling the maid's attorney in June that "no one with half a brain would ever put her on the stand," and alleges a member of the prosecution team "repeatedly screamed at and outright disrespected her."

"In short, the DA has demonstrated clear bias and prejudice and this court respectfully should appoint a special prosecutor to restore the confidence in prosecution of this matter," the motion says.

Read that motion in full here.

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