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Power, Money and the Manhattan DA's Sexual Misconduct Cases

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Harvey Weinstein wasn't the only rich and powerful man to come under the scrutiny of Manhattan District Attorney Cyrus Vance for an alleged sex offense.

In 2011, International Monetary Fund leader Dominique Strauss-Kahn was accused of raping an immigrant maid in a Manhattan hotel. Vance's office got a grand jury to indict Strauss-Kahn. But the case fell apart when prosecutors determined the witness lied about something else.

"They couldn't take it to trial," recalled Lisa Jackson, a filmmaker who was embedded in the Manhattan DA's office at the time making the documentary "Sex Crimes Unit."  

Jackson was surprised by the recent New Yorker article about Vance declining to prosecute Weinstein in 2015, after investigating a model's claim that he groped her breasts in his office. But it's hard to say Vance isn't serious about sexual assault cases.

"There's dozens of cases that they take to trial that they win," said Jackson. She described a team of prosecutors who were "meticulous" during the year and a half she spent observing their work. She recalled one rape case involving a prostitute named Cynthia.

"They went back to the crime scene endless times," she said. "The hand-holding that's involved was incredible, I mean Cynthia would be calling them every day."

Vance's office won that low-profile case. They also won some high-profile sexual misconduct cases. In 2015, the same year Weinstein was investigated, Vance indicted Julian Niccolini, a co-owner of the Four Seasons restaurant, for sexually assaulting a woman; Niccolini ultimately plead guilty.

Vance also eventually won a rape conviction for an aide to a Saudi prince; and he convicted Oscar-winning composer Joseph Brooks of serial rapes.

But Vance declined to prosecute Sanford Rubenstein, the high-profile lawyer accused of raping a woman after a party for Al Sharpton. Vance said his office wasn't able to prove a crime had occurred beyond a reasonable doubt.

Vance gave a similar explanation on Wednesday for not prosecuting Weinstein. "At the end of the day, we operate in a courtroom of law not a court of public opinion," he said.

The National Organization for Women-New York is planning a rally outside Vance's office Friday to denounce his decision.

"The truth is we see cases like this not move forward often, that we believe should have moved forward, that we feel have not been investigated properly," said Sonia Ossorio, President of NOW-New York. "There's still so much bias that exists against women."

The DA — who is unopposed in next month's election — also suddenly has a new upstart challenger. Marc Fliedner, who lost the Democratic primary in September for Brooklyn DA, said he'll move to Manhattan so he can challenge Vance as a write-in candidate. 

"Certain classes of rich people have access to justice that poor folks don't," he said, explaining why he was disturbed by the Weinstein case and issues it raised about campaign contributions.

Two lawyers who represented Weinstein in the 2015 investigation gave money to Vance, but the majority of the contributions were well before that year. Vance's office has said the lawyers did not meet with him about the case and that their contributions had no bearing on his decision.

Jacqueline Devore, a civil rights lawyer who used to prosecute sex crimes for the Bronx DA, said sexual misconduct cases are often difficult to prove. Witnesses sometimes stop cooperating or evidence is tough to obtain. But she said the Weinstein case could have proceeded because his accuser recorded him admitting he groped her.

"That's a lot of evidence for a misdemeanor sexual assault case like that," she said, adding, "you usually have less."

That recording was obtained after the accuser, model Ambra Battilana Gutierrez, went to the NYPD to complain about Weinstein. Police sent her back to meet with him wearing a wire. 

Vance's office suggested the investigation might have been more successful if the NYPD alerted his sex crimes unit before sending Gutierrez back to meet with Weinstein. Joseph Giacalone, a retired NYPD sergeant in Queens who's now teaching at John Jay College, said that's not always necessary and questioned the explanation.

"There's an accountability issue here," he said, "when people start pointing fingers it only raises more questions about, methinks thou doth protest too much."

The NYPD is now looking for other potential victims of Weinstein, given the numerous accusations being reported. Vance has made the request as well.

Meanwhile, in response to his critics, Vance insists he's willing to take on any accused party, regardless of "background or money." 

Vance has also said he's considering banning campaign contributions from anyone with business before his office, and for a period of time after their case is over.

Update, October 16: Vance announced in a "New York Daily News" opinion piece that he's requested an independent review of campaign contributions to district attorney races.

 


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