Thursday, March 13, 2008

The other New York sex scandal

(Originally Posted 3-13-08)
The Eliot Spitzer prostitution scandal will finally come to a political close Monday when the former New York governor, accused of hiring a prostitute named "Kristen" er, Ashley, officially resigns. After two days of ever more sleazy details, including the fact that his presence as "Client 9" led to the breakup of the prostitution ring and the parading of his wife like an accomplice, he announced his resignation yesterday. However, Spitzer still faces the possibility of divorce, disbarment, and even federal Mann Act charges for traveling from New York to DC to have sex with Kristen, er, Ashley the night before Valentine's Day.

There is another sex scandal in New York, one which is much more serious. A NYC councilman will reportedly resign after a July rape.

The councilman, Dennis P. Gallagher, a Queens Republican, was initially charged with raping a woman in his campaign office in Middle Village in July after they met in a nearby bar. Mr. Gallagher, who is married and the father of three children, acknowledged a sexual encounter but said that it had been consensual.

Gallagher is using his resignation from office (much like Spitzer is using his past governorship to negotiate lesser criminal charges under the Mann Act and local statutes) as part of his plea negotiation. He is also said to be close to a deal, which does NOT involve sex offender registration or treatment, but an apology to his victim and alcohol abuse treatment.

In January, a State Supreme Court judge dismissed the indictment of Mr. Gallagher, saying that prosecutors had unfairly prejudiced the grand jury against him. The judge added, however, that the evidence was strong enough to warrant an indictment.

That ruling left the door open for prosecutors to present the case again to a new grand jury. The Queens district attorney, Richard A. Brown, said that he intended to seek a new indictment, but that has not happened.

A sticking point earlier in the plea discussions was whether Mr. Gallagher would be required to register as a sex offender. No such requirement is in the current proposed resolution of the case, according to one of the people familiar with the negotiations.

Gallagher is one of only three Repubilcans on the 51 member City Council, but has only lost his leadership posts for his party (which isn't worth anything if there are only 3 Republicans in the City Council), but not his job. All questions were referred to his lawyer, Benjamin Brafman, who refused to comment.
(Update 3-18-08)
Gallagher was given a conditional discharge, meaning that if he completes the conditions of drug and alcohol treatment, and has no contact with his victim, no guilty verdict will be on his record. [And people complain that female teachers get off when convicted of assaulting male students!]
His 52-year-old victim, in a statement read by the prosecutor, said, "I will never recover from the pain, anguish and humiliation I suffered as a result of this man's vicious assault and attack on me.
"He has scarred me for life and he took away my dignity and self-esteem. He is a sexual abuser. It is disappointing and disgusting when a man is given the privilege and honor of serving . . . as an elected official and then betrays our trust."

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