August 26, 2011

DSK Unusual Dismissal by Prosecutor Motion


[From article]
"Prosecutors are poised to file what's called a Dismissal On Recommendation motion, which will say the indictment against the frisky Frenchman cannot be proven beyond a reasonable doubt because of credibility problems with the sole witness in the case, Strauss-Kahn's hotel-maid accuser.
[. . .]
Prosecution sources said the motion, also called a Recommendation for Dismissal, will be lengthy, thorough and carefully crafted.
[. . .]
Judges always grant such motions immediately, experts said,
[. . .]
"When it's the DA asking for dismissal, it's never denied," said veteran defense lawyer Michael Shapiro, who got a motion to dismiss in Manhattan last year
[. . .]
"I suppose a judge technically could deny it," Shapiro said. "But then no one would show up to prosecute the case on the next court date."
Shapiro -- who has been a defense lawyer for 38 years, [. . .] called prosecutor motions to dismiss "as rare as hen's teeth."

http://www.nypost.com/p/news/local/manhattan/source_to_drop_dsk_rap_31ojnTxU9N4v6ykxpntQOL

Manhattan DA's office will ask judge to dismiss all DSK charges: source
By LAURA ITALIANO
New York Post
Last Updated: 10:42 PM, August 21, 2011
Posted: 12:46 AM, August 21, 2011

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