Queens Tribune
 
....March 20, 12:14 PM
 
Gallagher Resigns, Avoids Trial

By MICHAEL CUSENZA

After seven years, Dennis Gallagher no longer represents the interests of the residents of the 30th City Council District.

The embattled Republican pol accepted a deal this week from the Queens DA’s Office that would allow him to avoid trial and prison, but force him to resign his position and successfully complete an alcohol treatment program.

Gallagher, a 43-year-old married father of two boys, had been accused of raping a Middle Village woman last summer in a room above his district office on Metropolitan Avenue.
He pleaded guilty Monday morning in Queens Criminal Court to misdemeanor forcible touching and third-degree sexual abuse. He will not have to register as a sex offender.

“On Sunday, July 8, 2007, while I was intoxicated, I intentionally and forcibly touched intimate parts of the complainant and subjected her to sexual contact without her consent,” Gallagher admitted in a statement to the court. “My conduct was wrong and I apologize to the complainant. I intend to continue treatment for my alcohol abuse and also announce my resignation as a member of the New York City Council, effective close of business on Friday, April 18, 2008.”

Gallagher has maintained the sex was consensual. He was indicted in August, but State Supreme Court Justice Shari Roman tossed the charges in January, citing prosecutorial misconduct. Roman also stated that “the testimony and evidence presented to the Grand Jury was legally sufficient to support each and every one of the counts charged,” and permitted the Queens DA’s Office to re-present the case to a grand jury, but the plea deal was struck in the interim.

Assistant District Attorney Kenneth Appelbaum read a statement Monday in court on behalf of the victim.
“I will never recover from the pain, anguish and humiliation I suffered as a result of this man’s vicious assault and attack on me,” the statement read. “He has scarred me for life, and he took away my dignity and self-esteem. He is a sexual abuser. It is disappointing and disgusting when a man who is given the privilege and honor of serving the public as an elected official, and then betrays our trust by behaving reprehensibly and immorally. That is what is so shameful. This man should never be put in a position of trust again.

“I am relieved that this criminal process is over, and I want to thank the Queens District Attorney’s Office for their unwavering support of me and my family throughout this ordeal.”

According to published reports, Mayor Mike Bloomberg will announce the date of a special election for the 30th District seat within three days following Gallagher’s official departure.

Gallagher, who has represented Maspeth, Middle Village, Glendale, and part of Ridgewood, Richmond Hill, Woodhaven and Forest Hills since 2001, would have relinquished the seat next year due to term limits.

Several players announced their candidacy even before Monday’s announcement. The Republican candidates are Tom Ognibene, who represented District 30 for 10 years prior to Gallagher; and former Queens assistant district attorney and current Board of Elections Commissioner Anthony Como.
Queens GOP Chairman Phil Ragusa said the organization is supporting Como’s campaign and does not see any fallout from Gallagher’s scandal.

“Anthony’s his own person and people know him, so I don’t think there should be,” Ragusa explained. “I think we need a new face [in District 30] and Anthony will bring that to that seat and I think he’ll do a great job.”

Democrats will be represented by Elizabeth Crowley, who is the cousin of Queens Democratic Party leader and U.S. Rep. Joe Crowley (D-Jackson Heights); and attorney Angelo DiGangi.
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