Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

iMF Chief Is Denied Bail In New York Sexual Assault Case

Dominique Strauss-Kahn, 62, began this week facing a judge in a New York courthouse. He is the head of the International Money Fund, a married father of four and has a reputation that has brought him the nickname of “the great seducer.”

He is also, hereinafter, known as the “Defendant”.

The Defendant was taken into custody on Saturday, where he stayed until Monday’s court appearance. During this time, he was identified in a lineup by a complainant.

The complainant is an, as yet, unnamed 32-year-old maid working in the hotel in which the Defendant was staying. She has reported that she entered his hotel room, thinking it was unoccupied. Instead, the Defendant emerged from the bathroom naked. He is said to have chased her down a hallway and pulled her into a bedroom, where he sexually assaulted her. According to the complainant, she tried to fight him off, but the Defendant dragged her into the bathroom, where he forced her to perform oral sex on him and tried to remove her underwear.

Finally, she was able to break away and alerted hotel staff and the authorities. By the time detectives arrived, the Defendant was gone, although he left his cellphone behind.

He was found some hours later and, plucked from first class on a Paris-bound Air France flight that was just about to leave the gate at John F. Kennedy International Airport.

The complainant was brought to the hospital where she was treated for some wounds and underwent various tests for the securing of evidence, such as DNA samples.
While the rest of the world wonders how this will effect the Defendant’s political future, we will examine other, more mundane things. For example, how it is likely to impact his liberty.

The Defendant stands charged with various counts including attempted rape and unlawful imprisonment.

Attorney Sam’s Take On Rape, Kidnapping And Celebrity Defendants

As you may recall, I was a prosecutor in New York more years ago than I wish to admit.

There are some incidental differences between the criminal statutes in New York and Massachusetts. Given the above-charges, the Defendant, in the Commonwealth, would have been charged with Massachusetts Rape and Kidnapping. The Massachusetts kidnapping charge would have been the forcing of the complainant into the bathroom and other hotel room.

It is always interesting to see how the criminal justice system treats someone who is well known. It used to be believed that the “rich and famous” are treated with “kid gloves” by prosecutors and judges. This has changed over the years to a degree.

However, this has not seemed to be the case here. In this case, the court denied the defendant the opportunity for bail. There are, however, solid reasons for this move.

The purpose of bail is to ensure the Defendant’s return to court. Here, not only does the Defendant have strong ties in another country, but also he was allegedly caught in the act of attempting to flee to that country when he was arrested. The fact of the serious charges, which will probably be indicted, is a strong incentive to flee.
As if that were not enough…there is word that there are even more charges that may find themselves to be facing the Defendant concerning other…escapades.

The Defendant now joins the growing list of criminal defendants who never thought they would need an experienced criminal defense lawyer.

But they do.

Whether you are unknown, famous or infamous, if you would like to discuss such a matter with me, please feel free to call me at 617-492-3000 to arrange a free initial consultation.

To view the articles upon which this blog is based, please go to http://www.bostonherald.com/news/national/northeast/view.bg?articleid=1338316 and http://ftalphaville.ft.com/blog/2011/05/16/570106/

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