Councilmember Gallagher to face second grand jury

Despite the fact that the grand jury indictment against City Councilmember Dennis Gallagher - accused of raping a 52-year-old grandmother in his Middle Village office last July - has been thrown out, the district attorney has ruled that the case will proceed, and that another grand jury will be empanelled.
In a rare move, Supreme Court Judge Sheri Roman ruled on Thursday, January 24 that there was “prosecutorial misconduct” during the grand jury hearing having to do with certain questions, Gallagher was asked - and answered.
“The grand jury proceedings were impaired to such an extent that prejudice to the defendant clearly resulted,” Roman said in a 26-page ruling, according to published reports.
“These [questions] dealt with his role as a political figure, discussed his relationship with his wife and kids,” said attorney Benjamin Brafman. “These were intended to prejudice Councilmember Gallagher.”
Stephen Mahler, former counsel for Gallagher, agrees.
“Two-thirds of the questions were improper and would have been inadmissible at trial,” he said. “Judges rarely grant this motion, but I think the judge didn’t have any other choice.”
“I’m thankful to my family and friends, who have all stood by me during this very, very difficult time,” said Gallagher in published reports following the judge’s ruling.
Still, despite the temporary reprieve, the 43-year-old Republican father of two - who maintains that the sex was consensual - will face another grand jury.
“The matter will be re-presented to another grand jury before which the defendant can once again, if he be so advised, testify,” said District Attorney Richard A. Brown in a statement. “The testimony and evidence presented to the grand jury was legally sufficient to support each and every one of the counts charged.”
Gallagher was arraigned on 10 counts, including rape and sexual assault, in the alleged July 8 rape. He pleaded not guilty to all charges and was released on $200,000 bail. Gallagher faces up to 25 years in prison if convicted.
The incident, according the woman, started at Danny Boy’s, a Middle Village bar, with an offer of a ride home by Gallagher. She claims that the politician then took her to his Middle Village office and once there tied her hands, forced her onto her knees, raped her and forced her to have oral sex.
“There never was a rape,” said Brafman. “Dennis Gallagher is innocent.”
In the months since the allegations and ensuing legal battle, Gallagher has retained his position as Councilmember and has shown up to local community events.
His next court date is March 20.