While pitching the Stonewall Democrats last week, Nassau County DA Kathleen Rice was put on the hot seat about a controversial 2007 burglary case prosecuted by her office against a gay cross-dresser who stole ladies’ beauty products.

Acting state Supreme Court Justice Bruce Ayers tossed out the indictment, admonishing the DA’s office for prejudicing the grand jury by introducing the issue of sexual orientation, writing:

“Even the most generous interpretation of the evidence of the defendants’ sexual orientation as relevant – that because he dresses like a woman he likely stole the woman’s hair products and shoes – is such an incredible leap of logic as to astound this court.”

At the time, Rice spokesman Eric Phillips insisted to Newsday the cross-dressing was relevant to the case. When asked about the case at Stonewall, Rice, who did not personally elicit the testimony in question, replied:

“I was the DA at the time and I do not believe that was a fact that was brought out by the prosecution. Things that happen in the grand jury are ultimately ruled on by a judge.”

“But I can tell you that as the DA, I’m responsible for every case we prosecute and I accept responsibility for every case that’s prosecuted,” Rice replied.

During the Stonewall forum, Rice insisted she is a “pro-choice, pro-marriage equality anti-death penalty, progressive, tough-on-crime prosecutor.” She told the crowd that “your issues are personal to me,” noting she has a brother who is “a member of the gay community.”

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