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Admirable ethical behavior by New York DA

Dominique Strauss-Kahn remains an unappealing figure, however the ultimate disposition of his rape case in New York may turn out. Yet, at least as unappealing and disturbing are the reflexive denunciations of the New York prosecutor, Cyrus Vance, Jr., who admitted to major weaknesses in his case against DSK.

Vance learned that DSK’s accuser, a hotel maid, is a serial liar. She lied to immigration authorities — on a matter of sexual assault, no less — as well as to investigators in this case. Further, she told her friend in prison, on what she thought was an untapped line, that she knew DSK was rich and that she knew what she was doing.

For pursuing justice — i.e., truth — Vance has been figuratively tarred and feathered in major New York media, as well as by colleagues in the law. For what? For not sustaining his zeal on a case he came to think was wrong. Is this not what prosecutors are supposed to do — pursue the guilty, or the apparently guilty, but leave the rest alone? What would we prefer — that prosecutors pursue weak charges and stick to their guns till the end? Is this not precisely the definition of a totalitarian legal system?

Count us among the admirers of New York DA Cyrus Vance for telling the truth as he sees it.

The Torah says not to slant the justice toward the poor or toward the rich. In other words, a litigant who is poor, an “underdog,” deserves neither special sympathy nor special antipathy; likewise, a litigant who is rich deserves neither special antipathy nor special consideration. The law is the law. The facts are the facts. The sympathetic litigant might be guilty; the unappealing litigant might be innocent.

To be sure, the case against DSK has not been dismissed and its outcome remains unknown. But the act of the prosecutor in learning of weaknesses in his case and saying so openly and honestly is to be saluted, not made fun of. It is a sad commentary on society that Vance has been cast as some kind of loser. Isn’t his behavior precisely that which we seek to teach our children — to say the truth, come what may?

Copyright © 2011 by the Intermountain Jewish News




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