Monday, May 16, 2011

Judge Denies Bail to I.M.F. Chief in Sexual Assault Case By JOHN ELIGON

http://graphics8.nytimes.com/images/2011/05/16/nyregion/16crime1_span/16crime1_span-articleLarge-v3.jpgDominique Strauss-Kahn, the leader of the International Monetary Fund, was ordered on Monday to be held without bail over allegations that he had sexually assaulted a maid in a $3,000-a-night suite at a Midtown hotel.
Prosecutors had asked the judge, Melissa C. Jackson, supervising judge of Manhattan Criminal Court, to remand Mr. Strauss-Kahn, 62, contending that he was a flight risk. They also indicated that a similar attack may have occurred.
“Some of this information include reports that he has in fact engaged in conduct similar to the conduct alleged in this complaint on at least one other occasion,” said John McConnell, an assistant district attorney, adding that the district attorney’s office was still investigating the other occasion, which occurred outside the United States.
In opposing bail, prosecutors highlighted the serious nature of the allegations.
“The defendant restrained a hotel employee inside of his room,” Mr. McConnell said. “He sexually assaulted her and attempted to forcibly rape her,” and when that failed, he forced her to perform oral sex.
Mr. McConnell also said that he saw video of Mr. Strauss-Kahn leaving the Sofitel New York after the alleged attack.
“He appears to be a man who was in a hurry,” Mr. McConnell said.
The criminal complaint says that Mr. Strauss-Kahn shut the door and prevented the woman from leaving, grabbing her breasts, attempting to pull down her pantyhose, grabbing her crotch and forcing her to perform oral sex.
Benjamin Brafman, one of Mr. Strauss-Kahn’s lawyers, argued that “there is a very, very defensible case and he should be entitled to bail,” asking that his client be allowed to post $1 million bail. He said his wife would provide the money. She was scheduled to arrive in New York from Paris at 1 p.m., Mr. Brafman said.
He added that his client was not trying to flee when he was arrested on an Air France plane that was about to take off from Kennedy International Airport on Saturday.
Mr. Brafman said that Mr. Strauss-Kahn’s travel plans had been set for some time, and he indicated that there was evidence that between the time of the alleged attack and his flight, Mr. Strauss-Kahn was in the area, taking care of other business.
He also said that his client had a lunch meeting in the area of the hotel and that his lunch partner would be able to testify. In addition, he said, the hotel security found out he was at the airport only after they called him and he told them where he was.
“That’s not consistent with someone who’s trying to conceal his whereabouts, and get on a flight and leave,” Mr. Brafman said.
But prosecutors said that Mr. Strauss-Kahn’s resources, the lack of an extradition treaty between the United States and France and the defendant’s history were all reasons that he should not be granted bail.
Indeed, Judge Jackson, before ordering remand, indicated that she was concerned about Mr. Strauss-Kahn’s needing to be stopped at the airport.
“When I hear that your client was at J.F.K. Airport about to board a flight, that raises some concern,” she said.
Mr. Strauss-Kahn has been charged with various counts of sexual assault including attempted rape, sexual abuse and criminal sexual act. He faces up to 25 years in prison if convicted.
After Judge Jackson announced that Mr. Strauss-Kahn would be held without bail, Mr. Brafman asked if she would be amenable to changing her decision if he were able to strike a deal with the Manhattan district attorney’s office in which his client would wear an ankle monitor. Judge Jackson indicated that she would not change her ruling, meaning that Mr. Brafman may have to make a bail appeal to the appellate court.
Mr. Strauss-Kahn’s appearance in Manhattan Criminal Court, which lasted only 26 minutes, capped a 43-hour odyssey through New York’s criminal system. He was arrested, held in a special cell in East Harlem, placed in a police lineup, and submitted to a forensic medical exam for possible evidence. He even was subjected to a ritual familiar to high-profile suspects: the so-called perp walk, providing newspapers around the world with a front-page picture of Mr. Strauss-Kahn being led away from a police station in handcuffs.

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