DAILY NEWS STAFF WRITERS
Courtesy of the New York Daily News
See next Thursday’s Queens Courier for more information
City Councilman Dennis Gallagher won a legal round Thursday when a judge tossed out the rape charge against him because prosecution tactics poisoned the grand jury.
Authorities can still recharge and reindict the Queens Republican if they steer clear of the humiliating questions that “prejudiced” the first panel into indicting Gallagher, the judge said.
“The prosecutor exceeded the limits of cross-examination in many instances and breached his duty,” Supreme Court Judge Sheri Roman ruled.
Gallagher, 43, said he was happy to be cleared – even if it is just for now.
“I’m thankful to my family and friends, who have all stood by me during this very, very difficult time,” Gallagher said, flanked by relatives and defense lawyer Benjamin Brafman.
Queens District Attorney Richard Brown said prosecutors will present the case to a new grand jury.
Gallagher, who faces 25 years in prison, is accused of raping a 52-year-old woman he picked up in a bar near his Middle Village office last summer.
The woman told cops he offered to take her home, then took her to the office and attacked her.
The married Gallagher has insisted the sex was consensual.
The judge chided Assistant District Attorney Kenneth Applebaum for failing to stick to the facts of the sex case.
Instead, he asked Gallagher embarrassing questions about his position as a married man and an elected official.
“The grand jury proceedings were impaired to such an extent that prejudice to the defendant clearly resulted,” Roman said in a 26-page ruling.
The judge also cited a grand juror who was disturbed by the grilling.
“From your questions, there was an attempt to make him look foolish,” the juror complained to Applebaum. Still, the judge said there was enough evidence to support the charges against Gallagher.
