Gallagher rape case judge bows out

As City Councilmember Dennis Gallagher’s defense is formulated in his recent indictment on rape charges, the judge handling the high-profile case has recused himself.
According to Kevin Ryan, a spokesperson for Queens District Attorney Richard A. Brown, Queens Supreme Court Justice James Griffin - who authorized the search of Gallagher’s Middle Village office by signing the warrant - is bowing out because “as the defense starts filing motions, trying to challenge, he [Griffin] will be put in the position of reviewing his authorization of the warrant.”
Ryan went on to say that the decision to recuse himself was Griffin’s own, based on “inherent discretion and a fairness to both sides.”
Gallagher’s attorney, Stephen Mahler, said the case will be given to an administrative judge, who will then probably reassign it.
“This is nothing out of the usual,” he said.
As of press time, Mahler had not yet filed any motions, as he is awaiting the grand jury notes.
Gallagher is accused of raping a 52-year-old grandmother in his district office on July 8. Claiming any sexual relations with the woman were consensual, he surrendered to detectives assigned to the Police Department’s Queens Special Victims Squad out of the 112th Precinct on Friday, August 3.
Following his arraignment on 10 counts of first- and third-degree rape, first- and third-degree criminal sexual act and second- and third-degree assault, Gallagher pleaded not guilty and posted $200,000 bail.
If convicted, he faces up to 25 years in prison.