Oct 30, 2009 7:26 pm US/Eastern
Why Did NY1 News Anchor's Wife Recant Story?
SUFFERN, N.Y. (CBS) ―
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NY1 news anchor Dominic Carter defends his name to CBS 2 after being accused of assaulting his wife last October.
CBS
Questions abound in the case of the local news anchor accused of assaulting his wife. Why did she suddenly recant her story and why did the prosecutor take the case to trial against the wishes of the alleged victim?
Marilyn Carter is standing by her husband, NY1 news anchor Dominic Carter, a year after accusing him of domestic violence.
"I'm here to stand by Dominic because I made allegations that were inaccurate," she said Thursday.
Those allegations she said inaccurate included her telling a police dispatcher: "He hit me several times in my face, in my back, in my stomach, all over my body."
She called cops to their Rockland County home, posed for pictures of her injuries, and signed a complaint so police could charge her husband with assault. But weeks later, she recanted, and blamed an unnamed day laborer for the assault, just as the girlfriend of Sen. Hiram Monserrate changed her story before his trial.
People who work with domestic violence victims say they often become reluctant to take the case to court.
"The victim may start to feel a tremendous amount of guilt that they are responsible for the shame that is being brought on the family through the prosecution and the media attention if there is any," said Amy Siniscalchi of My Sister's Place.
Added Jane Friedman of Pace Law School: "That step of putting him behind bars is a very big step. In many cases because of the need for child support, it's actually contrary to her financial interest to pursue the case."
The Carters insist her new story is the true story.
"The District Attorney's office knows that they have absolutely no case," Mr. Carter told CBS 2.
Bu the DA proceeded anyway, basing the case on the 9-1-1 call and photographs. Lawyers call that an "evidence-based prosecution."
CBS 2's Tony Aiello asked Pace Law School's Audrey Rogers, if a domestic violence victim becomes reluctant and doesn't want to testify, instead asking for the case to be dropped, is the prosecutor obligated to drop it?
"The prosecution does not have an obligation to drop the case, because really it's in the state's interest to prosecutor batterers, or assaulters," said Rogers.
The Carters will find out in November which version of her story the judge believed.
Carter and his wife also said claims he had a "secret family" and children out of wedlock are not true.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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