Judge dismisses assault charges against Strauss-Kahn

A Manhattan judge dismissed rape charges against former IMF leader Dominique Strauss-Kahn today at the request of prosecutors who feel they no longer have a winnable case.

Update at 12:40 p.m. ET: Assistant District Attorney Joan Illuzzi-Orbon, who addressed the court first, talked about the inconsistencies in the complainant's testimony, which led to her office's decision to recommend all charges be dropped.

"Our inability to believe the defendant beyond a reasonable doubt means we cannot ask a jury to do that," she said.

Illuzzi-Orbon stressed that the decision would not set a precedent for future cases. "In many cases … we ask juries to convict on little more than the credible testimony of a witness. We will continue to do so."

Update at 12:37 p.m. ET: USA TODAY's Kevin McCoy says Judge Obus, speaking to a packed courtroom after a brief hearing, said, "I'm satisfied the people's recommendation was made in good faith … I see no reason to deny that application."

Update at 12:25 p.m. ET: Strauss-Kahn, in a statement issued after the hearing, said the past two and a half months have been "a nightmare for me and my family,"and he looks forward to"returning to our home and resuming something of a more normal life," The New York Times reports.

The former IMF chief said that he was "obviously gratified" that the district attorney agreed with his lawyers that the case should be dismissed and "(we) appreciate his professionalism and that of the people who were involved in that decision."

Update at 12:20 p.m. ET: The New York Daily News reports that Judge Michael Obus, in rejecting a special prosecutor, issued a written ruling that reads, in part:

In light of the circumstances of this case, the Court concludes that nothing called to its attention establishes disqualification or warrants removal of the elected District Attrorney of this county.

Update at 12:07 p.m. ET: The judge's ruling, which amounts to victory for Strauss-Kahn, is on hold until an appeals court can rule on a separate request by the accuser for a special prosecutor to take over the case, the AP reports.

The lower court judge rejected the request today, but his ruling is being appealed. The lawyer for the accuser seeks a special prosecutor, arguing that the district attorney's office is biased in the case.

Update at 12:02 p.m. ET: The Associated Press reports the judge has dismissed the sexual assault charges against Strauss-Kahn but says the ruling won't take effect immediately.

Update at 11:57 a.m. ET: A Manhattan judge has dismissed the sexual assault charges against former IMF chief Dominique Strauss-Kahn, CNBC reports.

Update at 11:07 a.m. ET: Dominique Strauss-Kahn has arrived at the courthouse for the hearing.

Update at 10:40 a.m. ET: The judge denied a request by the accuser in the sex assault case that a special prosecutor be appointed, the Associated Press reports.

The lawyer for the 32-year-old maid made the request after the DA's office moved to dismiss the case outright. The lawyer argued that the prosecutors' office was biased.

Judge Michael Obus issued a written ruling today less than an hour before Strauss-Kahn was due in court for a hearing where the charges against him probably will be dismissed.

Update at 10:05 a.m. ET: USA TODAY's Kevin McCoy reports that two dozen TV and video cameras and scores of reporters began arriving outside the courthouse in Lower Manhattan shortly after sunrise, awaiting Strauss-Kahn's arrival.

Original post: Prosecutors, in moving for the dismissal Monday, portrayed Strauss-Kahn's accuser, a hotel maid, as the fatal weakness in their case.

She "has not been truthful on matters great and small" and has an ability to present "fiction as fact with complete conviction," and medical and DNA evidence is "simply inconclusive" as proof of a forced sexual encounter, they wrote, according to the Associated Press.

"Our grave concerns about (her) reliability make it impossible to resolve the question of what exactly happened" between the hotel maid, Nafissatou Diallo, 32, and the 62-year-old French politician, they wrote.

Diallo accused Strauss-Kahn of forcing her to perform oral sex on him May 14 in the Manhattan hotel where he was staying and where she worked.

Strauss-Kahn lawyers William Taylor and Benjamin Brafman said they were grateful for the prosecutors' decision and had maintained their clients innocence from the beginning.

Diallo's lawyer, Kenneth Thompson, blasted prosecutors Monday.

DA Cyrus Vance "has not only turned his back on this innocent victim, but he has also turned his back on the forensic, medical and other physical evidence in this case," Thompson said.

Even a dismissal won't end all of the legal wrangling in the case. Diallo is suing Strauss-Kahn in a civil court.

Investigators are looking into another attempted rape accusation against him in France.