Was this a case where prosecutors improperly rushed to judgment to grab a headline or fend off a political rival or did they act appropriately, deliberately and commendably given the circumstances?
The CO’s unofficial poll:
98.5 % — Improper Rush to Judgment
1.5% — Appropriate and Commendable
In that 1.5 percent of “the prosecutors did a fine job” is one of our favorite NYT columnists Joe Nocera. Joe’s a street-savvy reporter who more often than not gets it right – long ahead of the pack. But this time, I think his defense of the prosecutors is misplaced.
Although I did not prosecute sex crimes, I do know that the victim’s credibility is paramount, particularly in a case like this where the central issue is “consent”. All that salacious physical evidence (like semen on the wall and yes even some minor bruising) is consistent with consensual sex. So as a prosecutor your case begins and completely relies upon establishing a good faith, objective determination that you can prove beyond a reasonable doubt that the victim did not consent.
Now six weeks in, the victim’s life story and conduct the day of and after the “alleged rape” allows not one, but several opportunities for the jury to have reasonable doubt and find old DSK innocent – this time at least.
Mr. Nocera says essentially, “hey it happens”, they vetted the victim in a deliberate and timely fashion and the fact it only took six weeks to “get to the bottom” of this caper is perfectly reasonable, if not commendable. Joe, I am not with you on this one.
Here’s why.
The prosecutor’s power is awesome. That power must be used judiciously and carefully. Here it was not. Before you could say Riker’s Island, DSK was on his way there. From the Sofitel to Rikers in a blink of an eye. I’m feeling a hip hop classic in the making.
In a democracy though, there is a ‘’presumption of innocence”. It stands at the core of our criminal justice system. Mr. Cyrus Vance (the younger) should never had denied liberty to anyone, anyone, without knowing to a near certainty that a crime had been committed and the victim was telling the truth. His failure to do so in this case will send shock waves around the world. And for years to come the American judicial system will be nursing a big fat black eye.