Newsday: Rice Was Wrong

It’s not easy to find on its second generation website, which lacks the panache of its first attempt but provides greater access to advertisements, but today’s Newsday editorial is quite extraordinary.  Simply put, the editorial states that Nassau County District Attorney Kathleen Rice was wrong, completely wrong, in her failure to charge Damnell Ndonye for her false allegations of gang rape.


Nassau County District Attorney Kathleen Rice will not charge the 18-year-old who lied about being gang raped in a Hofstra University dormitory. That’s a mistake.

Society, however, would have been better served if the district attorney had left her fate to the judicial process.

To appreciate the significance of this position, one needs to have some understanding of local politics.  Nassau County was the most firmly secure bastion of Republican machine politics left in the nation until 2001, when Tom Suozzi was first elected County Executive.  That brought to an end the regime of Joe Mondello, heir to Joe Margiotta, over what the Syracuse University’s Maxwell School of Public Affairs called the “worst run county in the nation.”  

Tom Suozzi rode into office as a reformer, and Kathleen Rice rode his coattails.  Newsday, with the blessing of everybody who wasn’t on the county’s Republican Party payroll, supported the change.  There was no choice, given the disastrously bad shape the county was in, and the absence of any hope of improvement without a change in administration.  Newsday was definitively pro-Democrat.  And nothing has changed to suggest that the Nassau County Republicans would do any better today than before.

Some might say that Newsday would be disinclined to be critical of a county Democrat.  Others might say that the editors would rather stick a needle in their eye than write anything negative about a Democrat.  That’s why this editorial is so significant.

The editorial goes on to explain why Rice is wrong.



Rice argues that her deal is better because it identifies Ndonye, puts her on record admitting to a lie and guarantees that the young woman gets mental health treatment. But that’s not enough to tip the argument in the district attorney’s favor. Ndonye was already identified in media accounts and on Facebook as having lied. What’s most disturbing, however, is that what Rice did implies a lack of trust in the judicial system.

Beyond the details of how law enforcement handled this case, are its implications for the future. Rice justifies her decision not to prosecute because it would have a “chilling effect,” making actual victims fearful to come forward. That concern is misplaced. Historically, police and prosecutors have been hostile to women who made rape charges, but the consensus now in law enforcement is that these cases should be fully and aggressively prosecuted. For legitimate claims to be taken seriously, however, society must also know that phony ones will be punished. That’s what will make the voice of every true victim even stronger.

Instead, Rice’s resolution risks creating the perception that there isn’t much downside to making up a story that could have sent someone to jail for 5 years. Even though the charges were dropped, the men’s names and photographs are forever linked with one of society’s most heinous crimes.
Strong position.  Sound arguments.  Most importantly, independence from the underlying politics that many fear guides Newsday’s coverage.  Even if Newsday has a generalized bias in favor of Suozzi and the Democrats, it’s critical for any credible newspaper to acknowledge that the favored son, or the District Attorney hanging on to his coattails, can be wrong.  And when they are, integrity demands that you call them on it.  Newsday has done just that.

Bravo, Rita and Alleen.


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One thought on “Newsday: Rice Was Wrong

  1. sam

    I saw the exact same thing in my court, but much worse. Female (engaged or ‘has a boyfriend’) accuses guy(s) of raping her. Guys are arrested and charged with rape, but say WAIT, WE’VE GOT VIDEO! Video shows CONSENSUAL sex. Not only was the Female NOT CHARGED, but the charges against the guys were amended from Rape to VIDEO VOYEURISM. Beautiful charge because the female’s lie about rape actually proves that she did not know about the video!
    That’s a sex crime with sentences comparable to rape and mandates SEX OFFENDER REGISTRATION – game over! If you were the guys would you risk trial or take a non sex-type plea?
    The root problem seems to be an unwritten policy by prosecutors to pick sides early in a dispute and never waver on who they choose to believe. To do otherwise might generate reasonable doubt that messes up the stats.

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