In Sanford Rubenstein rape probe, mattress removed from his Manhattan apartment
NYPD detectives removed a king-size mattress Monday from the Manhattan apartment of high profile attorney Sanford Rubenstein as they continued investigating allegations he raped a female associate of the Rev. Al Sharpton.
The investigation is being carried out by the Manhattan district attorney's office. It's expected by law enforcement officials and legal experts to be lengthy, particularly since it involves a lawyer in the public eye as a friend and legal gun for Sharpton.
"They will take their time," said one law enforcement official who asked not to be named but is familiar with the case.
Benjamin Brafman, the attorney who successfully defended French financier Dominique Strauss-Kahn in 2011 when he was accused of sexually assaulting a maid at a Manhattan hotel, said Rubenstein denied any criminal conduct.
"We are confident that when the investigation is completed, it will be closed without the filing of any criminal charges," said Brafman in a joint statement with attorney Michael Ross.
About 3 p.m. Monday, police crime scene unit detectives backed a van into the loading area of the high rise at 188 E. 64th St. and were seen removing the mattress after earlier carrying out evidence bags.
The material is being examined by investigators looking into allegations that Rubenstein, 70, sexually assaulted the woman after a night of drinking at Sharpton's 60th birthday party last Wednesday, said the law enforcement official.
Rubenstein has been a close associate of Sharpton for years and is working with him in representing the family of Eric Garner, a Staten Island man who died after a street confrontation with police after an officer placed him in a chokehold.
According to the law enforcement official, the woman went to Rubenstein's apartment with another woman after the soiree. After more drinks, the alleged victim asked the other woman to leave, the official said.
The woman later reportedly passed out from drinking and awoke to find Rubenstein sexually assaulting her, the official said. The law enforcement official said that a day or two later the woman went to a hospital emergency room complaining of bleeding, which prompted doctors to contact police.
Legal experts said the allegations made by the woman against Rubenstein are the kind that are difficult to sustain in court, in part because it comes down to conflicting claims about what happened. Any evidence of intoxication also would be non-existent, they said.
“From what I have read in the papers, I think the prosecution will be hard pressed to have a viable [trial] prosecution,” said former prosecutor and defense attorney James DiPietro. “That is not to say you couldn't get an indictment.”
“It seems to me to be a stretch,” agreed Manhattan defense attorney Gerald Lefcourt.
The allegations of intoxication and unconsciousness of the victim could sustain charges of rape in the first, second or third degree, said DiPietro.
A spokeswoman for the Manhattan district attorney's office declined to comment. Rubenstein also declined to comment Monday.
With Maria Alvarez
Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.
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