There has been a lot of moving, shaking and even window-breaking since City Councilman Dennis Gallagher (R-Middle Village) was arraigned two weeks ago on rape and sexual abuse charges.First, according to published reports, Queens Supreme Court Justice James Griffin last Wednesday recused himself from the case because Gallagher’s defense attorney at the time, Stephen Mahler, planned to challenge the search warrant that Griffin signed authorizing the search of the councilman’s district office on Metropolitan Avenue.
Police and investigators from the Queens DA’s office combed the premises for DNA and other evidence following a 52-year-old Middle Village grandmother’s complaint that she had been sexually assaulted by Gallagher in a room above the office the previous night. Griffin said he was not able rule on his own actions, and therefore was forced to remove himself entirely.
Earlier this week, Gallagher opted to drop Mahler and retain high-profile criminal defense attorney Benjamin Brafman. Based in Manhattan, Brafman has represented Sean “Diddy” Combs, reputed Genovese Family godfather Vincent “The Chin” Gigante and Michael Jackson.
When reached at his office Wednesday, Brafman confirmed he was now representing the embattled councilman, but would not say whether he planned on disputing the search warrant as Mahler initiated.
“I don’t intend to comment in the media on any aspect of this case except that we intend to vigorously defend the charges, and that in my opinion Councilman Gallagher will ultimately be vindicated,” Brafman said.
In a strange aside, Gallagher’s district office sustained damage when an unidentified object was thrown through a large front window, according to a staffer. As of press time, a plywood panel replaced the broken window facing Metropolitan Avenue.
Gallagher’s next scheduled court appearance is Sept. 28.
