Posted on 06/12/2003 6:13:16 AM PDT by NYer
Albany-- J. Michael Boxley accused of assaulting 22-year-old woman after encounter at downtown bar
The Assembly Democrats' chief counsel, J. Michael Boxley, who was accused of sexual assault by a Republican lawmaker's staffer in 2001, was arrested in his Capitol office Wednesday and charged with raping a 22-year-old aide to a Democratic legislator earlier this week.
At about 2:30 p.m., Boxley, 43, of 1980 Western Ave., Guilderland, was led in handcuffs through a hallway behind the Assembly chamber by a group of state and city police officers as legislators and lobbyists looked on.
In an unusual move, both Albany Public Safety Commissioner John C. Nielsen and Albany County District Attorney Paul Clyne were present for the arrest.
Boxley, a top negotiator on many issues for Assembly Speaker Sheldon Silver, D-Manhattan, was later arraigned on charges of first- and third-degree rape by Albany City Court Judge William A. Carter. First-degree rape, a Class B felony that carries a prison sentence of up to 25 years, is charged when a victim is "physically helpless," according to Clyne. Third-degree rape, a Class E felony, carries a four-year sentence.
The judge set a hearing date of June 23, but Clyne said the case could go to a grand jury before then.
Boxley pleaded not guilty to both charges. He posted $25,000 bail and was released. Boxley refused to comment, but his lawyer, E. Stewart Jones, insisted he was innocent.
"No crime was committed here," said Jones. "The allegations are unproven."
Jones also represented Boxley in February 2001 when a 24-year-old aide to a Republican Assemblyman accused him of bringing her to his apartment after they had drinks together at Justin's on Lark Street and having sex with her against her will. Through Jones, Boxley said what occurred between himself and the woman was consensual.
The woman did not make a police complaint, choosing instead to opt for an internal Assembly sexual harassment review. The two were unable to reconcile their differences, according to William Collins, the Assembly lawyer who investigated the claim, but they both agreed to "move on with their personal and professional lives."
The victim in the new incident, whose name is not being made public, indicated to police in a signed statement that she had been drinking with Boxley and other Assembly staffers at Jillian's on Pearl Street Monday night. She said she accepted a ride home from Boxley to her downtown apartment, and he came inside and raped her sometime in the early morning Tuesday, according to Detective James Miller, a Department of Public Safety spokesman.
The woman told investigators that she periodically "lost consciousness" during the alleged rape, Clyne said. She said "she felt overcome with a sensation of disorientation entirely inconsistent with consumption of alcohol," Clyne said, adding that authorities are looking into whether something was slipped into the woman's drink.
Police said they are awaiting toxicology tests from Albany Medical Center Hospital, where the victim sought treatment early Wednesday morning. Police officers also executed a search warrant at Boxley's home Wednesday night.
It was not immediately clear why the victim waited more than 24 hours before going to the hospital. Despite the delay, Miller said, police consider her complaint "more than credible."
Assembly members and staffers said they have seen Boxley and the victim together at Albany nightspots recent weeks. The victim told police that she and Boxley were "acquaintances," but said they were not dating, Clyne said.
The arrest of Boxley brought business in the Capitol to a virtual halt. The news rocketed through the halls via whispers and cellphone conversations. The Assembly shut down early. Silver issued a statement.
"I am advised that certain allegations of criminal conduct have been interposed against my counsel J. Michael Boxley," Silver said. "It is inappropriate for me to comment about this matter, other than to say that I have faith in our criminal justice system."
Boxley has not been suspended from his $130,754-per-year job, the Assembly said.
In 2001, Silver quickly came to Boxley's defense, saying he was sure his counsel would be "completely exonerated" of the allegations against him.
Boxley's arraignment turned Albany City Court into a media circus with television cameras and photographers jockeying for position behind the plastic barrier where Carter told most of them to stay during the proceedings.
Clyne personally handled the case, which is unusual. He later said he got involved due to the "high-profile" nature of the incident and a desire to see it handled "by the book."
Boxley was brought into the courtroom with his hands cuffed in front of him, without the blue suit jacket, tie and belt he had worn to work. He sat next to Jones.
A woman who identified herself as Boxley's sister, but would not give her name, pounded on the plastic to get his attention.
"I'm here Michael! I love you!" she called.
Boxley acknowledged her with a nod, but said nothing. He was similarly silent when he left the courthouse with Jones by his side. The two men got into Jones' BMW and drove away.

... authorities are looking into whether something was slipped into the woman's drink
He's toast!
Plus it's a personal matter....
========================
The scumbag attorney did not lie here. He gave his opinion that a crime had not been committed. And, he was correct that the allegations are unproven. Apparently, he did not have enought confidence to say his client didn't do it.
By showing his picture, will this be a Willie Horton thing? Will they blame the wascally wepublicans for making it a divisive racial issue?
There is still one rapist walking around, making lots of money, and shooting off his mouth who needs to be brought to justice.
As a result, he has a right to lie about it in front of a grand jury.
Doubtful! Boxley has worked at the Capitol for a long time. He has a well earned reputation of being a s-----g. His previous victim was too intimidated to press legal charges. This one did the right thing.
Boxley, whose annual salary is $130,395, was accused 21/2 years ago by a 24-year-old low-level Assembly staffer, Elizabeth Crothers, of raping her after a night out at Justin's, a well-known local restaurant.
Crothers - who went public with her story - refused to press criminal charges, saying privately that she and her boss would be subject to a "smear campaign."
He's toast!And set to get buttered in jail!
I have done several keyword searches and can't find them. Could you please give me the links?
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