Councilman Dennis Gallagher was indicted just now by a grand jury in Queens on charges that he raped a woman in his district office.

Gallagher’s lawyer said he will move to dismiss the indictment because of “prosecutorial misconduct" when he appears with Gallagher in court tomorrow.

Gallagher’s lawyer, Stephen R. Malher, told me that his client was “subject to a grossly unfair grand jury presentation. He was sandbagged. I will make a motion at the beginning of the case to dismiss the indictment because of prosecutorial misconduct.”

How so?

“Two-thirds of the questions they asked of him were improper and designed to embarrass him in front of the grand jury,” Mahler said. When asked if the questions were of a sexual nature, Mahler said, “Some of them.

“There were questions that were irrelevant to the subject matter at hand and improper and designed to prejudice the jury.”

 read more »