Indicted & Disgraced
Gallagher vows to serve the community

On the heels of his indictment, embattled City Councilmember Dennis Gallagher has vowed to “continue to serve the community to the best of his ability, as he has always done,” according to his chief of staff.
Gallagher, who was accused of raping a 52-year-old grandmother in his district office on July 8, surrendered to detectives assigned to the Police Department’s Queens Special Victims Squad out of the 112th Precinct on Friday, August 3.
Surrounded by his wife of nearly 20 years and his brother, the 43-year-old father of two was later arraigned on 10 counts of first- and third-degree rape, first- and third-degree criminal sexual act and second- and third-degree assault.
“The allegations are very troubling - particularly because they involve the actions of a public official who has a special responsibility to uphold and obey the law,” said District Attorney Richard A. Brown. “If proven, the charges constitute not only a serious violation of law, but a breach of the trust that we have placed in, and have a right to expect of, our elected public officials. It also is a reminder of the fact that no one is above the law.”
Head held high, Gallagher pleaded not guilty and posted the $200,000 bail.
“I shall be vindicated,” he said in published reports. “I am innocent of these charges.”
He maintains that any sexual relations with the unidentified victim were consensual.
Gallagher’s attorney, Stephen Mahler, told The Courier Sun on Tuesday, August 7 “the next step will be to get some discovery - a copy of the minutes [transcript] of the grand jury testimony from which I will make a motion to dismiss the indictment. If this is not granted, I will proceed down the discovery route. Other than that, the case will be ready for trial.”
Having just sent a letter to expedite this process, Mahler continued, “I don’t think someone not a public figure would have been indicted, but the first thing the judge charges the jury is that an indictment is nothing. The accused is presumed innocent - this is part of our legal fabric - why should a person lose his job?”
Although Gallagher has not lost his job, he has, nonetheless - by a unanimous City Council vote of 37 to 0 - been removed from six committees and his position as the Republican minority whip, for which he earned an additional $5,000 annually.
“This was not surprising since it was at his request - he issued a letter to [City Council Speaker] Christine Quinn,” said a source.
Gallagher in the meantime is continuing to perform his usual duties, according to Margaret Keta, chief of staff.
“He is in the office and continues to attend community events,” she said. “He is also returning phone calls and serving his constituents,” many of whom, she continued, have expressed encouragement.
“He has received a tremendous amount of support - people have called in and voiced [it],” Keta told The Courier Sun.
Not everyone backs the Republican councilmember, however.
Gallagher’s colleague, Councilmember Tony Avella, is calling for him to step down.
“I think he should resign for two reasons,” said Avella. “[District Attorney Richard A. Brown] is one of the most respected DAs in the state and if he feels there is enough evidence for a 10-count indictment, it tells me something.”
“Reason number two,” Avella continued, “is that if he is maintaining his innocence he will have to devote all his energies to his defense. While he does this, he will not be able to serve his constituents adequately. His influence will decrease and he will be doing a big disservice to his district. This is extremely serious, not some minor infraction. If he really wants to do the right thing, he will resign and if he is found not guilty he can run again.”
Gallagher, who was first elected to the City Council in 2001, and will be required to leave office in 2009 under the city’s term limits law, is due back in court September 28. If convicted, he could face up to 25 years in prison.