IMF chief and Sarkozy frontrunner opponent arrested

[Cosmic Average]

You know, I see some people harping on about pictures of the guy in handcuffs, but I see no outrage over the fact that the French media has published the alleged victim's name and photo...

[Rabid]

Yeah. Earlier this day I honestly lolled at the TV news, when they said that the Tribunal hadn't revealed the identity of the victim yet.

Riiiiight ! And why is that, then, that I saw on the exact same TV channel not two days ago a reportage on the women (no name given or picture of her showed, though), shot in her building, right in front of the door of her apartment, and showing her neighbors talking about here without their face covered.

I lolled so hard.

[Broomstick]

My French isn't ideal, but his objections to the entire situation include: the paparazzi following him around during these events, the fact that the burden of proof is brought upon DSK to prove the woman is lying rather than on the woman to prove he's guilty, the press depicting DSK as a pervert without verifying it, with the French who're abusing the scandal, with the commentators who're immediately jumping to the political consequences of this, and with the woman who didn't talk for eight years and suddenly comes forward complaining about DSK as well.

In regards to the hotel maid - after first reporting the rape, including talking to the police, her next action was to go to the hospital. Presumably, this was to utilize a rape kit for evidence collection. In other words, she has submitted evidence of her side of the story. This is not just he-said she-said, apparently there is physical evidence of some sort. Any injuries she might have received would have been documented. DSK has also already been examined for injury, as the alleged victim claims she resisted.

Of course, we don't know exactly what the evidence shows here - that is for the trial - but the alleged victim is certainly doing her part to uphold her side of events. As M. Strauss-Kahn is likewise cooperating this may make for an interesting trial. I, for one, would prefer to await outcome of the trial rather than attempting to decide on my own who is and is not guilty.

As for the political commentators in France, and their politics, I have no personal opinion. Who the French choose for their leaders is none of my own concern.

And as for the woman who waited 8 years to come forward - her I have some suspicions about, particularly in regards to timing. She could be telling the truth, but under US law none of that particular alleged incident could be brought up in court in regards to this case.

Presumption of Innocence 101:
Treat the accused person like an innocent one until convicted by a judge, no matter how obvious the guilt.

All people arrested by the police are handcuffed, unless you're saying a suspect can't be arrested until after he is convicted....?

I caught some of the DSK hearing live today on TV. While in the courtroom he wore ordinary street clothes rather than prison garb, and was not cuffed during the hearing. In other words, he appeared as an ordinary individual.

Going to and from the courtroom is a different matter - he is considered a flight risk. He was informed that he would spend one more night in jail while the arrangements for his house arrest are completed, but tomorrow he will walk out the door with his wife and be able to live with her in New York City while he awaits trial.

Really, it's not that hard. You are NOT allowed to punish someone for a deed he has not been convicted off, and treating someone like a convicted criminal is certainly punishment.

Being arrested is not being convicted. Being held until bail arrangements are made is not being treated as if you are convicted. In what sense has he been treated like a convicted criminal?

He is being treated as an accused individual. That is different than being treated as a convicted criminal.

[Block]

I got the feeling it was a little conveniently timed, to be honest. Sarkozy is considered a strong ally of US interests at the moment, isn't he? I mean, generally, even if he diverges on individual issues. If the rest of the field isn't very strong Sarkozy has a much better chance of reelection. Perhaps he too will eliminate a great threat to the nation?

Not as far as I can tell. He may be seen that way in France, but in the US he's generally seen as having a tepid relation with us at best.

[Cosmic Average]

Seems there's a bit of evidence against the guy:

ABC News has confirmed that police collected several piece of physical evidence from the hotel room, which are being tested for DNA, including a swath of carpet on which the maid spat after allegedly being forced to perform oral sex.

Assuming that everything tests positive, we have semen mixed with saliva, which indicates sexual activity did in fact take place.

Investigators also say information downloaded from the suite door's electronic card reader indicates the maid entered the room and never closed the door. The hotel policy requires maids to leave the door open when cleaning. The open door, they say, is proof that the women entered the room to work, not to engage in consensual sex.

"There was nothing that took place in that hotel room which in any way could be construed as consensual," the woman's personal attorney, Jeffrey Shapiro, said. "This woman was absolutely the victim of a physical and sexual assault."

She didn't intend for sexual activity to take place.

Source

[Ypoknons]

Well, he's got bail now on a subsequent hearing now. I thought the refusal of bail the first time was on the tough side, since his flight risk isn't that strong with his career on the line, but it wasn't waay out there. Seems like the defense proposed some conditions, makes sense. The prosecutors are stressing the strength of their case, again, business as usual.

Looking the prosecutor's quote (Reuters): "There is no right to bail. There is no right to be released." That's a new one for me. In Hong Kong (and I presume England) there's no right to bail, but there's definately a presumption of bail that has to be negativated by the prosecution (flight risk, interference with witnesses or history of commiting offenses on bail, pretty much the 3 main ones).

[Stofsk]

Presumption of bail is based on the severity of the crime. For minor offences, sure there's presumption. If you're talking about serious and violent crimes like sexual assault, there is no presumption. The accused must show cause or demonstrate exceptional circumstances.

[Teebs]

In the UK there is indeed a general presumption of bail although it is rebuttable and the more serious the crime the easier it will be for the prosecution to rebut it.

[Broomstick]

Likewise, in the US there is also presumption of bail - but DSK was seen as a flight risk. For goodness sake, he was arrested on an airplane! That truly was the reason for a delay in granting bail, nothing more, nothing less.

[TimothyC]

I got the feeling it was a little conveniently timed, to be honest. Sarkozy is considered a strong ally of US interests at the moment, isn't he? I mean, generally, even if he diverges on individual issues. If the rest of the field isn't very strong Sarkozy has a much better chance of reelection. Perhaps he too will eliminate a great threat to the nation?

Not as far as I can tell. He may be seen that way in France, but in the US he's generally seen as having a tepid relation with us at best.

That depends on who you ask. In the circle of people that I interact with (self selecting I know), there is the opinion that he is the most pro-US and US-friendly French President, well ever.

Hey France, can we trade him for Obama?

[Rabid]

Nah... We offer him to you wholeheartedly, no need to give us Obama in return.

[beat]

Seriously. Take is as... I don't know, a sign of goodwill. He's just what your country need. Trust me. *put his hand on his heart*