The Prosecution's Version of What DSK Did in Room 2806

DSK will escape criminal charges, but the version of events prosecutors confirmed is unsettling

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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."

But in discounting Diallo's credibility, the prosecutors also confirmed certain details about her story, including what happened in the Sofitel hotel room 2806 on the afternoon of May 14. In fact, this is the state's fullest account yet of the facts known about the encounter, and contains some information not previously revealed about what happened.
  • 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:

As a Reuters report pointed out Monday, Strauss-Kahn's legal troubles aren't over. He still faces the civil suit, as well as a rape accusation in his native France, where writer Tristane Banon has accused him of trying to force himself on her in a 2003 interview. And Thompson has filed a request with the court calling for a new prosecutor in the case. Judge Michael Obus, who the Wall Street Journal reported has been on vacation, won't look over either motion until Tuesday at the earliest. But multiple experts agree the New York criminal case has little chance of proceeding.

This article is from the archive of our partner The Wire.