Friday, 1 July 2011

Case against Dominique Strauss-Kahn 'near collapse'

Prosecutors have serious questions about the credibility of a hotel housekeeper who has accused former International Monetary Fund leader Dominique Strauss-Kahn of raping her, and they are taking the extraordinary step of seeking a substantial reduction in his bail, a person familiar with the case said today.
The person, who spoke on condition of anonymity to discuss matters not yet made public in court, said prosecutors have raised issues about the accuser's credibility in the case against Strauss-Kahn, but would not elaborate on what those issues were.
A law enforcement official who is familiar with the case, but also spoke on condition of anonymity for the same reason, said prosecutors came to believe during their investigation that the woman had lied about her activities in the hours surrounding the alleged attack and about her own background.
The New York Police Department, which investigated the case, declined comment. The woman's lawyer did not return a telephone call seeking comment.
Strauss-Kahn, who faces a court hearing today, has been under armed guard in a Manhattan townhouse after posting a total of six million US dollars (£3.7 million) in cash bail and bond. He denies the allegations.
Another person familiar with the case, but was not authorised to speak publicly about it, said that Strauss-Kahn may get his bail and house arrest arrangement eased in the case today. The person declined to detail what the new bail arrangements might be.
"There will be serious issues raised by the district attorney's office and us concerning the credibility of the complaining witness," Benjamin Brafman, a lawyer for Strauss-Kahn, told the Wall Street Journal.
The New York Times first reported on its website that investigators uncovered major inconsistencies in the woman's account of her background, citing two law enforcement officials. The Times also reported that senior prosecutors and Strauss-Kahn's lawyers are discussing whether to dismiss the felony charges against him.
Strauss-Kahn lawyer William Taylor would say only that the hearing was to review the bail plan. The Manhattan district attorney's office declined to comment.
Prosecutors had argued against his release in May, citing the violent nature of the alleged offences and saying his wealth and international connections would make it easy for him to flee.
"The proof against him is substantial. It is continuing to grow every day as the investigation continues," Assistant District Attorney John "Artie" McConnell told the judge. "We have a man who, by his own conduct in this case, has shown a propensity for impulsive criminal conduct."
But according to the law enforcement official, prosecutors now believe Strauss-Kahn's accuser lied about various details on her application for asylum in the US, including saying she had been raped in her native Guinea - a claim she repeated and then recanted during the investigation, the official said.
"She actually recounted the entire story to prosecutors and later said it was false," the official said.
Prosecutors also believe some of her account of her activities in the hours surrounding the alleged attack wasn't true, though they haven't necessarily reached a new conclusion about the incident itself, the official said. They have not decided whether to downgrade the charges, the official said.
In early hearings, prosecutors underscored that they thought the evidence against Strauss-Kahn was formidable. And it appeared so at first, the official said.
"In the beginning, it was a strong case. There was a victim and several witnesses and forensic evidence that supported the victim's claim," the official said.
The woman was in Strauss-Kahn's room only briefly before the alleged attack, his semen was found on her uniform, and she quickly reported the alleged assault and told a consistent story about it to investigators and prosecutors, the official said. Prosecutors have also said in court that Strauss-Kahn seemed on surveillance tapes to be in a hurry as he left the hotel, though his lawyers have said he was merely rushing to lunch.
If the case against Strauss-Kahn collapses, it could once again shake up the race for the French presidency. Strauss-Kahn, a prominent Socialist, had been seen as a leading potential contender and challenger to conservative President Nicolas Sarkozy for next year's elections - until the New York hotel incident embarrassed Strauss-Kahn's party and left him in the political wilderness.
Socialist Party chief Martine Aubry announced her own presidential bid this week, after having long been expected to throw her weight behind a Strauss-Kahn candidacy.
New doubts about Strauss-Kahn's accuser would also revive speculation of a conspiracy against Strauss-Kahn aimed at torpedoing his presidential chances. Within days of his arrest, a poll suggested that a majority of French think Strauss-Kahn - who long had a reputation as a womaniser and was nicknamed "the great seducer" - was the victim of a plot.
Strauss-Kahn was held without bail for nearly a week after his May arrest. His lawyers ultimately persuaded a judge to release him by agreeing to extensive - and expensive - conditions, including an ankle monitor, surveillance cameras and armed guards.
He can leave for only for court, weekly religious services and visits to doctors and his lawyers, and prosecutors must be notified at least six hours before he goes anywhere.
The maid told police that Strauss-Kahn chased her down a hallway in his suite in the Sofitel hotel, tried to pull down her tights and forced her to perform oral sex before she broke free.
Strauss-Kahn's lawyers have said the encounter wasn't forcible, and that they have unreleased information that could "gravely undermine the credibility" of the housekeeper. The defence was using private investigators to aggressively check out the victim's background and her story, but the Times reported that it was investigators for the prosecution who uncovered discrepancies.
Police Commissioner Raymond Kelly has said the detectives investigating the case found the maid's story believable.
Strauss-Kahn, 62, was in New York on a personal trip. He left the hotel shortly after the alleged assault - to have lunch with a relative, his attorneys have said.
He resigned his IMF post after his arrest

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