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The Magic Cafe Forum Index » » Not very magical, still... » » Strauss-Kahn (0 Likes) Printer Friendly Version

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LobowolfXXX
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On 2011-08-24 11:15, balducci wrote:
Sure. Or not.


Well, I mean, if it's "sure," then why say things like the prosecution "no longer believed her story"?
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
balducci
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Quote:
On 2011-08-24 11:16, LobowolfXXX wrote:
Quote:
On 2011-08-24 11:15, balducci wrote:
Sure. Or not.


Well, I mean, if it's "sure," then why say things like the prosecution "no longer believed her story"?

I'm not a lawyer like yourself. When I said "no longer believed her story" I was basing that on what her lawyers said:

“The nature and number of the complainant’s falsehoods leave us unable to credit her version of events beyond a reasonable doubt, whatever the truth may be about the encounter between the complainant and the defendant ... If we do not believe her beyond a reasonable doubt, we cannot ask a jury to do so.”

To make the lawyers on this forum happy, I suppose I should have more properly said "no longer believed her story beyond a reasonable doubt".

:) Smile Smile
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LobowolfXXX
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As you say, it certainly may be the case that they DON'T believe her. Either way, the important thing is, they don't think they can sell it. Which means (in descending order of your cynicism level):

1) It would be improper to prosecute someone they don't believe is guilty.
2) It would be an irresponsible use of limited resources to pursue a case they don't think they can win.
3) The D.A. (their boss) is judged by his winning percentage, especially his winning percentage in high profile cases, and when he looks good, it's good for everyone.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
balducci
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Quote:
On 2011-08-24 09:36, LobowolfXXX wrote:

The lack of a criminal case doesn't slow her down in civil court, because of the lesser standard of proof. I imagine there could be multiple causes of action, but battery would probably be the front runner. In a lawsuit, she only has to convince a jury that it's more likely than not that he did it.

I am wondering what is the point of a civil case?

If she won a civil case against DSK, who is (I think) a French citizen, what would that mean?
Make America Great Again! - Trump in 2020 ... "We're a capitalistic society. I go into business, I don't make it, I go bankrupt. They're not going to bail me out. I've been on welfare and food stamps. Did anyone help me? No." - Craig T. Nelson, actor.
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It's outside my area, but I believe that the first line of defense (attack) is whether the court in a foreign country would recognize and enforce the judgment. The USA, IIRC, is not a party to any international agreements by which we have reciprocity with anyone (I think we got close with England once). I strongly doubt that any judgment in an American court would be enforced by France. So whether it meant anything for practical purposes might depend on whether Strauss-Kahn owns any American assets, in which case she could probably set up some kind of lien.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
balducci
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Lobo, that's pretty much what I was thinking.

I think most of the DSK wealth is actually his wife's. If DSK owns any American assets himself, they are relatively small, and I imagine he can dispose of them long before any civil case results in financial damages.

I was also thinking that a loss of a civil case might keep DSK from freely travelling to the U.S. (e.g., could he be arrested upon arriving in the U.S. if he had not paid the damages?) ... but even then, he might be able to circumvent any such restrictions (through diplomatic immunity) if he was travelling as a French politician, representative of France, or head of another international organisation (e.g. like the IMF).
Make America Great Again! - Trump in 2020 ... "We're a capitalistic society. I go into business, I don't make it, I go bankrupt. They're not going to bail me out. I've been on welfare and food stamps. Did anyone help me? No." - Craig T. Nelson, actor.
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The civil case thing is interesting, thanks for explaining. So is there any time a plaintiff can't bring a civil case as well as a criminal case?

Some interesting background info here about the media coverage, specifically the NY Times and The NY Post. Not that it proves anyone's guilt, but it is interesting in terms of how unverified stories get spread. It's a bit of a long read, but worth it:
http://www.counterpunch.org/2011/08/08/t......k-times/
balducci
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"New questions raised over Dominique Strauss-Kahn case - Journalist's detailed study has unearthed fresh doubts over alleged assault in New York by ex-IMF chief"

http://www.guardian.co.uk/world/2011/nov......tel-maid

See the story at the link, but this bit is really weird:

"The most unusual evidence described by Epstein is a security video of the hotel's engineer, Brian Yearwood, and an unidentified man apparently celebrating the day's events. Earlier, Yearwood had been communicating with John Sheehan, a security expert at Accor, which owns Sofitel, and whose boss, René-Georges Querry, once worked with a man now in intelligence for Sarkozy."

"The unidentified man with Yearwood had been spotted previously on hotel security cameras accompanying Diallo to the hotel's security office after the alleged attack. The video shows the men near the area where Diallo is recounting her story and, less than two minutes after police have been called, they seem to congratulate each other enthusiastically. "The two men high-five each other, clap their hands, and do what looks like an extraordinary dance of celebration that lasts for three minutes. They are then shown standing by the service door … apparently waiting for the police to arrive," Epstein writes."

---

In other related news:

http://www.telegraph.co.uk/finance/domin......ons.html
Make America Great Again! - Trump in 2020 ... "We're a capitalistic society. I go into business, I don't make it, I go bankrupt. They're not going to bail me out. I've been on welfare and food stamps. Did anyone help me? No." - Craig T. Nelson, actor.
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