NY TIMES – Letter to Manhattan Prosecutor Details Rape Allegation Against Prominent Lawyer

The letter, signed by the lawyers Kenneth J. Montgomery and Keith White, criticized prosecutors for seemingly placing too much emphasis on surveillance videos that show that the woman and a friend “willingly went to Mr. Rubenstein’s residence to further socialize following a festive evening.”

That footage, the lawyers said, had no bearing on what took place inside Mr. Rubenstein’s penthouse apartment.

The lawyers also suggest that prosecutors are overlooking the most salient point: The victim “never gave consent because she was incapacitated.”

“The results of any toxicology is of no consequence considering the victim’s injuries, statements and lack of consent,” the lawyers wrote.

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