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Tuesday, August 23, 2011

DA blasts DSK maid as a faker

UNDER FIRE: Dominique Strauss-Kahn's accuser, Nafissatou Diallo



















Reveals lies & hissy fits — and drops sex charges vs. DSK

She sobbed in recounting a fictitious gang rape, only to tell more lies as she admitted she'd made it up. She lied about her whereabouts after the so-called attack, only to tell new lies after promising to come clean.

And when confronted about these layers of lies upon lies, Dominique Strauss-Kahn's hotel-maid sex-accuser collapsed in a roll-on-the-floor tantrum.

"But I wasn't under oath!" she told prosecutors.

Manhattan prosecutors yesterday filed a 25-page document asking that the charges be dropped in the Strauss-Kahn case -- a document that literally labels the horndog Frenchman's accuser a liar and a fraud.

"In virtually every substantive interview with prosecutors, despite entreaties to simply be truthful, she has not been truthful, on matters great and small, many pertaining to her background and some relating to the circumstances of the incident itself," prosecutors say in the damning document.

As first reported in The Post, the papers ask for a complete dismissal of the case against the former International Monetary Fund chief, who appears before Manhattan Supreme Court Justice Michael Obus this morning.

Experts say judges immediately approve such requests -- although Obus will first have to contend with a countermotion, filed by maid Nafissatou Diallo's lawyer, for the case to be put on ice until a special prosecutor can reconsider its disposition.

"After an extensive investigation, it is clear that proof of two critical elements -- force and lack of consent -- would rest solely on the testimony of the complaining witness at trial," prosecutors wrote in asking for dismissal. "Indeed, the case rises and falls on her testimony."

But, the filing concludes, "because we cannot credit the complainant's testimony beyond a reasonable doubt, we cannot ask a jury to do so."

Among the DA's Diallo-damning evidence is her history of making "fraudulent" statements under oath in the DSK case in the past and the conflicting accounts she's given to news reporters, investigators and grand jurors concerning the alleged assault and her actions in its aftermath.

"We have no confidence that the complainant would tell the truth on this issue if she were called as a witness at trial," the DA's papers say.

And Diallo is an emphatic liar, prosecutors say -- speaking haltingly and actually crying as she recounted a false story of being gang raped by soldiers in her native Guinea.

"During the first interview, [she] even laid her head face down on her arms on a table in front of her," as she described her then-2-year-old daughter being pulled from her arms and flung to the ground, the papers say.

Cornered in another unspecified lie, "she dropped to the floor, and physically rolled around while weeping."

Diallo also failed to disclose to prosecutors, when asked, some $60,000 in deposits made into her checking account "by other individuals in four different states."

Confronted on the deposits, she claimed they were from her fiancé, Amara Tarawally -- whom investigators discovered had been convicted on drug charges in Arizona after trying to buy $36,500 in marijuana from undercover cops. Diallo insisted the money Tarawally had put in her account was from his clothing and accessories business, prosecutors note.

Diallo also lied repeatedly to prosecutors in insisting, with much emotion, that no one could "buy" her, and that she had no interest in making money off the case, the papers note.

"Very close in time to these statements, the complainant had a recorded conversation with her incarcerated fiancé, in which the potential for financial recovery in relation to the May 14, 2011 incident was mentioned," the papers say.

"Although there is nothing wrong with seeking recovery from a defendant in a civil suit, the complainant's disavowal of any financial interest is relevant to her credibility."

Diallo and her lawyer, Kenneth Thompson, were visibly angered by the DA's decision to drop the case.

"District Attorney Cyrus Vance has denied the right of a woman to get justice in a rape case," the lawyer said shortly after 3 p.m., upon exiting a terse, 10-minute meeting with prosecutors handling the case.

Diallo stood at her lawyer's side, dressed in beige and black, a troubled expression on her face.

"If the Manhattan district attorney, who is elected to protect our mothers, our daughters, our sisters and our wives and our loved ones, is not going to stand up for them when they are raped or sexually assaulted, who will?" Thompson asked several hundred reporters outside the DA's offices.

Thompson's papers claimed that Vance's office has mishandled evidence and has been pre-disposed against prosecuting Strauss-Kahn since soon after his May 14 arrest.

"No one with half a brain would ever put her on the stand," Diallo's papers quote lead Assistant DA Joan Illuzzi-Orbon telling Thompson on June 9.

Prosecutors had already stated in a June 30 court filing that Diallo admittedly lied to prosecutors and immigration officials about the fictitious gang rape in her native Guinea, invented a bogus second child on a tax form, and claimed to grand jurors that she cowered in fear in the hallway outside Strauss-Kahn's Sofitel hotel suite after the alleged attack -- when actually, she had gone on to clean two empty rooms, including DSK's.

In all, she changed her story about what she did after the alleged assault three times, and at one point, "when asked by prosecutors why she had remained in the 28th floor hallway rather than fleeing to the protection of an empty room on that floor and telephoning her supervisors or security, she stated that all of the other rooms on the floor had 'Do not disturb' signs on them and thus were unavailable to her," the DA's papers say.

Defense lawyer Benjamin Brafman said in a written statement after receiving his own copy of the prosecution's dismissal motion, "We have insisted from the beginning of this case that our client was innocent."

Asked how Strauss-Kahn took the news, Brafman would say only, "He was, obviously, pleased."



D.A.: Dismiss Strauss-Kahn Sex Charges: MyFoxNY.com

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