Dominique Strauss-Kahn Claimed Diplomatic Immunity After He Was Taken Into Custody

CRISTIAN SALAZAR, Associated Press

NEW YORK -- Dominique Strauss-Kahn declared he had diplomatic immunity and complained that his handcuffs were too tight after he was taken into custody on allegations he tried to rape a Manhattan hotel maid, court documents filed Thursday show.

The documents filed by prosecutors provide a chronology of statements leading to the arrest of the former leader of the International Monetary Fund, who was taken into custody by Port Authority police at John F. Kennedy International Airport on May 14 as he tried to leave on a Paris-bound flight.

One of his attorneys, Benjamin Brafman, said Thursday he had no comment.

Strauss-Kahn, who is free on $1 million bail under house arrest at a luxury townhouse, maintains he did not attack the maid at Sofitel hotel.

The new court documents describe Strauss-Kahn seemingly confused as he is taken into custody.

"What is this about?" Strauss-Kahn repeatedly asked detectives, according to the documents.

He asked detectives whether he needs an attorney, responded to questions about whether he is hungry (at one point saying he would "like some eggs") and complained about his handcuffs, the documents say.

"Manhattan detectives need to speak with you about an incident in a hotel room," responded one detective as they go from the airport to the Manhattan Special Victims Squad on May 14 at about 5:15 p.m., the documents say.

"Then I need to make a call and let them know I won't be at my meeting tomorrow," Strauss-Kahn told the detective. Then he added, "These handcuffs are tight."

French politicians and citizens were upset about images of a handcuffed Strauss-Kahn as police walked him in front of a crowd of cameras on May 15 as he was taken from a police precinct to court to face charges of attempted rape and sexual abuse. Such images would be illegal in his French homeland.

The account begins with Strauss-Kahn calling May 14 - apparently at or on his way to the airport - to employees at the hotel to tell them he had left his phone in his luxury room after checking out.

About 9 p.m. that evening, after previously declaring he had diplomatic immunity, Strauss-Kahn tells a detective that he would like to call his lawyer and asks for his cell phone.

"We're going to have to wait for the detectives to come back," the detective says. "I don't have access to your phone."

"Do I need a lawyer?" Strauss-Kahn asks.

"It is your right to have one in this country if you want," the detective replied. "I don't know if you have some kind of diplomatic status."

"No, no, no, I'm not trying to use that. I just want to know if I need a lawyer," Strauss-Kahn said.

"That is up to you," the detective says.

Strauss-Kahn was formally placed under arrest about 2:45 a.m. on May 15, according to the documents.

Comments

[dbrett480]

06:26 PM on 06/29/2011

Diplomatic immunity doesn't necessarily mean that someone is free from arrest. They are just afforded special privileges that other people don't get. The country that sponsors the diplomat can remove that immunity at any time, especially if the crime had absolutely nothing to do with the diplomat's job.

[LMPE]

06:17 PM on 06/19/2011

DSK should stick his "diplomatic immunity" where his integrity is!

[Jack Daniels Esq]

04:51 AM on 06/19/2011

Cheap & dumb - calling hotel for his mobile got him arrested - another banksta thief

[TAIsabel]

03:49 PM on 06/18/2011

I know that I will probably get a lot of flack here, especially from women's right devotees but, something about this story is not quite right.

Somehow, there is a flaw in the accusations and the story keeps changing.

[Intelligentia]

06:28 PM on 06/18/2011

You mean that a poor African woman is not to believed because a White man with money and connection in high placed been implicated in rape? We, people of African descent, are watching what the media will do with this story and how it will be handled. If they try any smear campaign against this woman, we will respond in her defense in the media! Having money or knowing people in high places does not give anyone immunity from prosecution for crimes. I agree that he should face his accuser in court but the media are inching towards propaganda against this woman. The man has a history, the woman does not. Let's start from there.

[TAIsabel]

09:12 PM on 06/18/2011

Oh, good grief!

[Scott Zwartz]

06:45 PM on 06/18/2011

Yeah, she attacked his "Anthony" with her nether regions. What's a man to do?

[NRMLUNIT]

12:35 PM on 06/18/2011

I don't believe this guy has never done something similar before. He finally got caught and can't talk and/or buy his way out. Payback is a bee yatch.

[Intelligentia]

06:28 PM on 06/18/2011

Exactly!

[Justice1]

09:03 AM on 06/18/2011

what is legal in some countries is not legal in others...rape is rape bud and you will answer if guilty...if not guilty, then you will be exonerated

[Scott Zwartz]

06:46 PM on 06/18/2011

Pleeze, the courts are not about Justice. They are about finality and power.

[GodBlessAmerica]

01:22 AM on 06/18/2011

Sigh. AP FAIL, once again.

How hard can it be to find a state dept source, or retired state/doj guy, to explain the American rules on diplomatic immunity?!? After all, the US just claimed it for the gent in Pakistan (found with multiple ID's, making it all the more intriguing, but that's beside the point now).

Here's what I know about diplomatic immunity in the US: it does NOT follow the passport (unlike other countries); it follows the pre-determined visa, issued by the various embassies. "A" visas are issued to bona-fide diplomatic staff. "G" visas are used for official international groups, including the UN and the IAEA .. and the IMF. Whether this particular brute has a "G" visa and is therefore entitled to diplomatic immunity, I have no idea. There's also a visa for NATO which grants diplomatic immunity.

I've also heard he may have asked for a consular officer from the French consulate. If so, kiss anything he said in between good bye, per the exclusionary rule. :( I really hope the NYPD didn't screw that up.

[Intelligentia]

06:30 PM on 06/18/2011

You're right.

[thestargazer]

01:12 AM on 06/18/2011

Sleaze !

[Jerrodg]

11:12 PM on 06/17/2011

About 9 p.m. that evening, after previously declaring he had diplomatic immunity, Strauss-Kahn tells a detective that he would like to call his lawyer and asks for his cell phone.

Is it really that hard for people to read the whole article? Over and over people complain about the misleading headline, when in fact it is their inept reading comprehension that fails to notice that sentence plainly stating he declared he had diplomatic immunity. Can you trolls please stop with the snarking about the headlines now?

[garylloyd]

03:29 PM on 06/17/2011

The case is starting to fall apart already.
http://hat4uk.wordpress.com/2011/06/16/5507/

The supposed victim is a muslim who may be in the country illegally. And now we learn the charge is not "rape" as we were told earlier, but "attempted rape."

Tomorrow don't be surprise if the charge is downgraded to "Staring at her breasts while thinking unclean thoughts."

[Rosalee Harris]

04:03 PM on 06/17/2011

Perhaps you need to check your source she is in the country legally. THere was never any charge of rape its always been attempted rape because he never finished the crime she Escaped before.

The only story changing has been HIS. From I was elsewhere to I may have been with her WHEN his DNA was found on the maid.

[rigslip]

04:32 PM on 06/17/2011

You're kidding, right? Hearsay from someone not involved in the case is not evidence.
DSK will stand trial for rape/attempted rape/unlawful imprisonment/ and whatever else the cops feel like piling on when they're good and ready. It is painfully obvious you have never been involved in the criminal courts of this country. This ain't France. C'est La Vie.

[mschultzpa]

03:28 PM on 06/17/2011

"French politicians and citizens were upset about images of a handcuffed Strauss-Kahn as police walked him in front of a crowd of cameras on May 15 as he was taken from a police precinct to court to face charges of attempted rape and sexual abuse. Such images would be illegal in his French homeland."

It ain't France. Arrests always have people in cuffs to and from jail, court, whatever. The media has freedom of speech.

[leandercannon]

01:20 PM on 06/18/2011

France you have the "presumption of innocent"(by law) until found guilty,
not when accused or arrested as in the USA and Italy.

[apartoflife]

03:27 PM on 06/17/2011

Not defending what he did, this guy if he did needs to go through the system and punished but the double standard is amazing. Anyone remember Raymond Davis who killed two pakistanies in pakistan? He declared diplomatic immunity and got away with killing two people. Self defense was never proven because he was never tried. Quite the double standard.

[Manchurian]

08:08 PM on 06/17/2011

True, but Davis was working in an official capacity when he gunned downed the Pakistanis, so he actually could claim diplomatic immunity. DSK was on personal business when his incident with the maid at the hotel took place, so he can't claim diplomatic immunity. No double standard there.

[Rothay]

03:06 PM on 06/17/2011

To garylloyd particularly and others of his ilk who seem to believe that justice is discriminatory and how high you rank in the world is a big factor. DSK was the head of the International Monetary Fund (IMF), an organisation which decided who got cash and who didn't when in financial difficulties on the world arena. He is now an alleged until proven otherwise. The NYPD had to have had substantial evidence to arrest him on the strength of it. Fortunately, the NYPD did not look at a black chamber maid and jump to the conclusion that she is just a minority, poorly paid, and she invited the sexual attack

You do not bargain a prosecution based on how important a person is or whom they know. A case in point us Amanda Knox whose family with wealth and clout in the USA has been ignored by the Italian prosecution. Amanda Knox is languishing in an Italian jail becuase she has been convicted of murder. The Italians know all about "international incidents" with their home grown Mafia and have arrested and prosecuted many nevertheless. And yes, in Italy, as in the USA, you are locked up while a case wends its way and especially if you are a flight risk.

Giving special treatment to an international "celebtrity"? Now that really is one stupid idea.

[leobeverly]

02:50 PM on 06/17/2011

Why am I not surprised? These creeps pull all kinds of stunts knowing they"ll be immune. You know what,lets go to the UN and say dump that system. If you commit a crime in another counrty you'll be tried by their laws. Believe me,the worse crime Americans will be tried for is being "Unbelievably Boring". I worked in that field and I know the constrains our Government puts on us.

[mschultzpa]

03:29 PM on 06/17/2011

Fortunately, he does not have diplomatic immunity which did come out at arrest.

The UN does this to protect diplomats from false accusations. But he is not a diplomat, the UN has nothing to do with this guy.

[ByAndForThePeople]

06:55 PM on 06/17/2011

You made one incorrect statement: "If you commit a crime in another country you'll be tried by their laws." While that's undoubtedly true for me and probably for you, it's not true for somebody who has genuine diplomatic immunity, which means somebody whose government has declared in advance to be part of their diplomatic presence in that country. In more cases than I would have expected, a declaration after the fact (of an accused crime) can have the same effect. In those cases, there is no trial, no jail, only a declaration of "persona non grata" and an escort to the airport. And that's the way it should be. Yes, diplomatic immunity is abused by individuals from (undoubtedly) all nations, but the alternative is to allow a country to make accusations of crimes committed by a diplomat (e.g., Ambassador) from a country over which they wish to have some leverage, try, and even execute that diplomat. Were that permitted by international law, there would simply be no diplomacy exercised and war would be the only way of addressing conflicts between nations.

[Intelligentia]

06:45 PM on 06/18/2011

You're correct, but even with diplomatic immunity shield, an individual can still be prosecuted if his country agrees, at the requested of the prosecuting country, to waive or withdraw the person's diplomatic immunity/status. This has been done before when a Georgian's diplomatic status was waived by Georgia in order to prosecute him for the mansalughter of a 16 year-old New York girl. See here for more on this:
http://www.dawn.com/2011/02/06/a-diplomatic-tangle.html

[Sarah Parsons]

12:37 PM on 06/20/2011

I think a lot can depend on whether the action you are being accused of is anywhere near a legitimate function of your role. Rape is not now nor will ever be something that could be swept away with diplomatic immunity, because there is no legitimate purpose for rape. Now if he was accused of spying, or any business activity that might be the case. I also don't think he could take out a gun and shoot someone. I think the IMF is the one that can determine whether or not diplomatic immunity is in play, but they'd need some sort of grounds.

It might be used for traffic accidents or something like that, but I don't think rape would be excused.

[bayoulivn]

02:02 PM on 06/17/2011

Ofcourse he has diplomatic immunity,the d.a will be fired guaranteed.

[ByAndForThePeople]

06:57 PM on 06/17/2011

It's not so clear to me that he has, or even can have, diplomatic immunity. That status is normally reserved for official representatives from states. And, however powerful the IMF might be, it has not achieved state status. If I'm wrong, I trust that somebody more knowledgeable than I will correct my error.

[almostlyniceguy]

03:51 AM on 06/18/2011

Read for yourself. In carrying out official duties, he has. In this case, no.

http://www.state.gov/documents/organization/150546.pdf