‘Missing witness’ charge bid fails

Jason Lee’s lawyer yesterday failed to bring a missing witness charge against the prosecution based on a social media page belonging to the brother of the alleged victim.

Judge Barbara Kahn denied the application made by Andrew Lankler, representing Mr Lee, and agreed with the prosecution that the Irish woman’s brother refused to appear in spite of repeated offers to pay for his travel costs and that he could not be compelled to appear.

The alleged victim, then a J1 student, had spent the summer working elsewhere in the US before visiting her brother in the Hamptons. She met Mr Lee at a nightclub in East Hampton during the early hours of August 20, 2013. The 38-year-old former executive with Goldman Sachs denies raping the woman later that night.

During testimony last week, the alleged victim, aged 22, said her brother would do anything for her but it would be detrimental to his studies if he was to leave Ireland for any time due to college deadlines.

However, just prior to the defence resting its case, Mr Lankler presented a printout of her brother’s Facebook page in which it appeared he would be attending the Spin South West Limerick Student Race Day at Limerick Racecourse on April 16.

Kerriann Kelly of the Suffolk County District Attorney’s office insisted the young man had

assured her that he did not attend either event but was in his college library studying on both dates. Ms Kelly said the missing witness charge was not appropriate.

Judge Kahn denied the application

and the case was adjourned until Tuesday.

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