If the prosecution's 25-page motion to dismiss the charges against Dominique Strauss-Kahn reads like an annoyed disavowal of previous claims of Strauss-Kahn's guilt, that's because it is. The document, which assistant district attorneys Joan Illuzzi Orbon and Artie McConnell filed on Monday, repeatedly compares early versions of Nafissatou Diallo's claims that Strauss-Kahn tried to rape her and forced her to orally copulate with him with later discrepancies in her story, coming to the conclusion: "If we do not believe her beyond a reasonable doubt, we cannot ask a jury to do so."
- There was some kind of sex act. Right off the bat, the motion confirms something happened between Strauss-Kahn and Diallo.
- DNA evidence proves it. While the existence of DNA evidence on Diallo's uniform had already been confirmed, this is a new level of detail:
Diallo's lawyer has said she spit Strauss-Kahn's semen onto the carpeted floor of the room, and the prosecution's motion details that evidence:
- The whole thing didn't take long. The prosecution acknowledges that the encounter "was brief, suggesting that the sexual act was not likely a product of a consensual encounter." The evidence shows the likely time, but prosecutors were careful to point out it's not conclusive.
- Diallo's crotch was irritated, and her underwear had Strauss-Kahn's DNA. Her lawyer, Kenneth Thompson, has described verbally, and in his civil filing, how Strauss-Kahn grabbed Diallo by the crotch and tried to tear at her undergarments, leaving her with redness and irritation around her vagina. The prosecution's motion dismisses the vaginal irritation, but describes new DNA evidence from Diallo's undergarments:
We also learn of DNA evidence not previously discussed, discovered on Diallo's two pairs of pantyhose and her panties themselves:
- There was blood on the bed, and it was Strauss-Kahn's. A detail reported early on in the case as possible evidence of a forced encounter was the presence of blood on the bedclothes. As it turns out, that blood belonged to Strauss-Kahn and had nothing to do with his encounter with Diallo.