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Jason Lee's Attorney: Sex Was Consensual, Not Rape

The sex between a Goldman Sachs executive and the woman who accused him of rape was consensual, according to defense attorney, Edward Burke Jr.

Jason Lee was arraigned on a three-count indictment, including first-degree rape, in Suffolk County Criminal Court on Friday.

Burke, who spoke to reporters after Lee posted $100,000 bail, said his client, a 37-year-old married man from New York City, did have consensual sex with the 20-year-old woman.

"We have what is an apparent rush to arrest my client, a rush to the grand jury and a rush to indict my client," Burke said. The findings of the rape kit, he said, may not even be concluded yet.

The woman, visiting from Ireland, said Lee attacked her in the bathroom of his East Hampton house, District Attorney Thomas Spota said, after the arraignment.

Lee was celebrating his 37th birthday at Georgica restaurant in Wainscott when he met the woman, buying her and friends drinks throughout the night, Spota said.

He invited her and some friends back to his Clover Leaf Lane summer rental at about 4 a.m. Her brother, who spent the summer working in the East Hampton area, also accompanied them, Spota said, adding that the woman was visiting her brother after working in another state for the summer before they were to return to Ireland.

The woman told police Lee was naked when he tried to follow her into the bathroom. She tried to close the door, but "he shoved it open with enough force to cause her to fall to the floor where Lee immediately pinned her," according to a statement from Spota's office.

The woman tried to push Lee off of her, but was unable to stop the rape. Ultimately, she kneed him in the groin, and escaped, Spota said, though Burke rebuffed the claim. "That never happened," he said.

The alleged victim "made an immediate outcry," telling friends what happened, Spota said.

A police officer, called to the house to investigate what was later determined to be a false report of a stolen vehicle, was informed of the rape. Detectives were called and the woman was taken to a hospital for an exam.

Lee was found hiding in his car 45 minutes to an hour later, Spota claims.

A nurse, trained to handle sexual assault cases, found "injuries consistent with the allegations she was making," Spota said. He said she had bruising.

Despite the accusations of a violent attack, Burke said Lee was unscathed. "There is not a bump, not a bruise, not a scrape on my client at all."

"My client is adamant he did not perform these serious allegations upon the complainant," he said.

A grand jury indicted Lee earlier this month on first-degree rape, a felony, and sexual misconduct and third-degree assault, both misdemeanors. Free on $20,000 since the original arrest, he posted an additional $80,000 and was released, again, on Friday.

A married man, his wife, Alicia, was not at the house at the time of the alleged attack. She was present in court on Friday, holding her husband's hand as they entered and left.

She is standing by her husband, according to Burke.

According to published reports, Lee is a managing director at a global investment banking and securities firm.
Jimmy King September 20, 2013 at 01:19 PM
It was consensual !!!!! I guess they won't be using the "Me so Horny" defense any more
Martha Nassauer September 21, 2013 at 10:16 PM
The woman kneed him in the groin...Burke says, "That didn't happen." GIANT LOL. Please, were you there, Ed? What a ridiculous statement.
Donna McCue September 22, 2013 at 10:15 AM
I believe the girl . Burke is a scumbag Lawyer
Martha Nassauer September 22, 2013 at 05:31 PM
Yes, Donna. He is. I know firsthand, as he defended a real creep that was guilty as the day is long, and wrote similar comments in support of the sleaze regarding another rape case. That's his job, to defend the sleaze balls. What does that say about him? Disgrace. It's bad enough to be raped once, but to be raped again by some self entitled jerk lawyer is truly disgusting. He is a big puffy fish in a little Hampton pond.
Jimmy King September 23, 2013 at 11:12 AM
WOW he defended a creep?? He must be really a bad person. Or he's a criminal defense attorney and he is just doing his job. If you have a clue as to how the system works, you'd understand this concept. The job he does is what protects you from having police kick down your door and arrest and falsely accuse you of doing something. He and his brethren are what keeps the cops 1/2 way honest. Hate the message all you want, but understand the role he plays.
Martha Nassauer September 23, 2013 at 02:51 PM
It is one thing to defend, but to make things up is another. You obviously missed the point. Additionally, if you keep your nose clean, you won't have to worry about anyone busting down your door. Paranoid much?
Jimmy King September 23, 2013 at 03:03 PM
Make things up? What did Mr Burke "make up" As far as paranoid, I guess you've never heard of the police wrongfully charging someone with a crime, or an innocent person getting convicted of a crime? Must be nice to live in a fantasy world
Martha Nassauer September 24, 2013 at 03:40 AM
He made up a denial about a statement made by the victim. He claims that it did not happen, as if he were there. If lawyers would simply do their jobs, without the damaging commentaries, there would be more accountability in the world. Who is he to say what did or did not happen? Again, you missed my point. The lives of many innocent people were saved as a result of lawyers doing their job, without the disparaging remarks that are hurtful to the victim. He and his "brethren" would be doing the world a favor if they would stick to fact finding, and seeking the truth.
Jimmy King September 24, 2013 at 12:43 PM
His Client said it didn't happen. He is his client's spokesperson. So She said it happened and Mr Lee says it did not. How do you know that it did? Maybe that makes YOU the liar. His job isn't fact finder. That's the jury's role. He is an advocate, and he is doing his job. Maybe if you understood the system, and what everyone's role is, you'd refrain from hurling accusations about people.
Martha Nassauer September 24, 2013 at 02:11 PM
Jimmy, you will never get it. If Ed was such a great lawyer, he wouldn't need his lapdog to defend him.
Jimmy King September 24, 2013 at 04:44 PM
Come on Martha. You can't defend your position so you attack the messenger How sophomoric. If he wasn't a good lawyer, I doubt a Managing Director from Goldman Saks, facing rape charges would hire him.
Martha Nassauer September 24, 2013 at 06:17 PM
I'm not defending my position, I'm criticizing HIS. And for the record, you called me a name first, so aren't you the pot calling the kettle black. You called me a liar, remember? Real men don't defend rapists. I don't care how much you make, or what your job is, how good you are doing it...all that matters is honor, and defending those who deserve it. Let the courts decide, but from what I have read, it doesn't look good for this guy. Hope he gets what he deserves if he did rape this girl. And if the young lady who was involved in this horrible ordeal is reading this, ignore the jerks who are only adding insult to your injuries. Peace.
Jimmy King September 25, 2013 at 10:48 AM
At one point you say "let the Court's decide" Yet in the next breath you've already convicted him as a "rapist" Before you have heard any testimony, or know any facts. All you know is that there has been an accusation. Defending "those who deserve it" ?? Really? and who is going to determine who "deserves" to be defended?? You?? People like You are the reason we need defense attorneys I'm not sure where you're from, or why you hate America so much, but this is our system, and it's the best one out there
Martha Nassauer September 25, 2013 at 03:43 PM
You, Jimmy King, are a troll. I have read a couple of your other posts. Nuff said. I will no longer write or correspond with someone like you, as it would make me the bigger fool. Have a good day, sir.
Gabe Gonsalves September 26, 2013 at 10:05 AM
M Nassauer - I have read quite a few of your posts here and elsewhere and you certainly have a lot to say. I see you are very opinionated individual. Every profession has a role and place in society. Your dialogues almost invariably become contentious. You also seem to pass judgment on people.
Jimmy King September 26, 2013 at 12:10 PM
I'm a troll because I believe everyone in this country who is accused of a crime, has the right to counsel ?? Hmmm ok A man does his job and for that he is a "Self entitled jerk lawyer" You're too much
Martha Nassauer September 26, 2013 at 03:01 PM
I will try this again... It is great that people do their job, and do it well. However, it is not nice that any person, lawyer or not, makes claims against what a victim has stated. If she said she kneed him in the groin to get away, who is anyone to say that didn't happen? It is hurtful to the victim to read such a thing. Sure, it's a lawyers job to defend their client, but you don't have to be such a cold, insensitive individual about it. And, to Gabe, why bother writing your opinion if you don't have one? If you agree with everyone, on everything, then nobody cares what you think. And nobody will read your pointless post.
Martha Nassauer September 26, 2013 at 03:06 PM
P.S. I really hope if she kneed him in the groin, she got him good. Also, if he was so innocent, and in need of righteous counsel to defend his honor, why on earth did he hide? What was he hiding from? Sounds like a creep. When it comes to men raping women in our society, darn right I am going to speak up. Too bad if you feel that I am opinionated. Too bad you are not more opinionated.
Gabe Gonsalves September 26, 2013 at 03:35 PM
M Nassauer - I feel slighted that you did not respond to my post separately but rather embedded it in a response to another. Your idea of giving an opinion is to write something unsolicited that in turn will enable you to continue to argue. In doing this you contradict yourself and jump back and forth across the fence. Perhaps you may have too much free time on your hands.
Martha Nassauer September 26, 2013 at 04:23 PM
Message boards are a forum for opinions, therefore stating that opinions are unsolicited makes no sense. I am sorry you felt slighted, but because I am a pretty busy gal, I did respond to each poster in the same response. I don't know how anyone could argue my original point...that unless a person was at the scene of the alleged crime, they should not say what did or did not happen. Especially when it involves a victim of a crime who has to deal with it for the rest of their life. They need support, and understanding...not cold, abrasive commentaries from the alleged perpetrators counsel.
Jimmy King September 27, 2013 at 09:55 AM
Alleged victim of a crime. Funny Martha that you now say "that unless a person was at the scene of the alleged crime, they should not say what did or did not happen" Yet you call Burke a disgusting liar for repeating his clients story. like you said Martha YOU were not there YOU do not know what happened. You do not know that the Mr Lee showed no signs of being struck, no bruising, no cuts etc. So the physical evidence does not support her claim.
Amy Patton September 27, 2013 at 11:15 AM
If the alleged victim is 20 as reported, how is she legally consuming alcohol at a nearby bar? No one is talking about that. Not that it pertains in anyway to being the victim of a bigger crime like rape but why are the bar owners not being charged with serving an underage person?
Jimmy King September 27, 2013 at 02:29 PM
That's a good point Amy. Additionally, if the Defendant was helping her procure alcohol he violated the Dram Shop laws as well
Amy Patton September 27, 2013 at 04:17 PM
Well, you could argue that Lee didn't "ID" her, that's not his job to tell if someone is of legal age to drink, It's the restaurant's responsibility. It's a side issue but personally I think 21 is a silly legal drinking age anyway in this country. In Germany, England and especially France, there iare essentially no legal drinking age parameters, just like in Germany there is no speed limit on the Autobahn. If this woman is from Ireland as reported, the legal drinking age is probably much lower there than here I would guess. Nevertheless, it's still a law on the books in New York, perhaps those circumstances could be looked into since it occurred before the alleged assault.
Jimmy King September 30, 2013 at 10:02 AM
If he "assists a minor in the procurement of alcohol" he is in violation of the dram shop laws Regardless of whether he "id's" her

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