By Terrence McCoy
By Allie Conti
By Chuck Strouse
By Scott Fishman
By Terrence McCoy
By Ryan Yousefi
By Ciara LaVelle, Kat Bein, Carolina Del Busto, and Liz Tracy
By Pepe Billete
It had taken Mary two days to decide to go to the police. Then, the day after she filed the report and was examined by a doctor, she signed a form indicating that she did not wish to proceed with the charges against Kramer. The police also returned her clothing, a long-sleeve black two-piece outfit decorated with faux gold chains and lions' head buttons, which they had earlier taken as evidence.
"The allegations are totally false, unequivocally untrue," says Richard Sharpstein, Kramer's attorney. Sharpstein says his client has a different version of events, but declines to elaborate. "We believe the case is over," Sharpstein says. Kramer himself did not respond to New Times's request for an interview. A spokeswoman for Portofino says he is out of the country.
In speaking to New Times, Mary was adamant that the police report she originally filed was the truth. "Why would I make this up?" she said. "And why would I have bruises?" She said she recalled going to the bathroom at Kramer's house in the morning: "I looked down and he had shaved all my pubic hair off. I went back to him and I said, 'Please take me home, please take me home.' He kept going on about how he respected me and how much he liked me and wanted to see me again, and I don't know, I was just confused because it was the first time, and I didn't know what, and I couldn't remember what...," she trailed off, obviously distressed. "And when I got back home, I wrote him a letter saying how special he had made me feel, but everyone says it's quite normal to do something like that after this has happened. I didn't know what to think, whether this was the way it should be the first time, or whether it was my fault."
Mary said her visit to the Rape Treatment Center just confused her more. "I saw the doctor and everything, and he took, like, samples from me and said [the rape] did happen, and he's got proof from photographs," she remembered. But she still wasn't sure that she wanted to fight Kramer in court. And when she withdrew her report, Mary told New Times, she told the detective in charge of the investigation that she had made up the story in order to get back at Oliver for not showing up at Kramer's house.
"Everyone kept saying, 'If you go ahead with these charges, it's going to be you who suffers,'" she explained. "And I didn't want to cause any trouble for my employer, and I just thought, I can't do this, I just can't do this. I went in the next day and I asked them to drop the charges -- just forget about it."
Det. Howard Zeifman, a spokesman for the Miami Beach Police Department, says that "[in Mary's case] the investigator believes a crime did occur, but the victim refuses to prosecute." It is not uncommon for a victim of sexual battery to back away from her story, according to Zeifman. "If they do go to court," he explains, "they are liable to be drilled about every sexual contact they've had throughout their life. They have to face their accuser, and with a high-profile guy, the media is going to drag you through the mud. They can interview your mother and your best friend. They can talk to your employer."
Mary said she was going home to Scotland to be with her family, and that she did not intend to return to Miami. "I was a fool to get drunk and go there," she admitted. "But I thought they were decent people. I never thought this would happen."
Mary is not the first person to claim that she was sexually assaulted by Thomas Kramer this year. Back in February, a long-time friend of the developer accused Kramer of raping his wife in the bathroom of a nightclub in Zurich. According to Werner Benz, a spokesman for the Zurich police, Kramer was arrested on February 21, spent the night in jail, and was released on a bond of 20,000 Swiss francs, or nearly $18,000.
The case, which made headlines in the German tabloid Bild am Sonntag in late October and was subsequently covered in the Miami Daily Business Review, is under investigation by the Zurich district attorney. The prosecutor handling the case refused to comment for this article.
A source close to the investigation provided New Times with copies of documents he says are transcripts of interviews Zurich police detectives conducted with Kramer and his accusers immediately after the incident. The documents yield the following account:
Susanna G., a 33-year-old Swiss clothing designer, said her husband Philip had known Kramer since they went to school together in Frankfurt twenty years ago. The two men had kept in touch sporadically. In the fall of 1994, when Kramer turned up at the Zurich clothing store Philip owned, the men renewed their friendship, and Kramer invited the couple to celebrate Christmas with him. Susanna, Philip, and their three children spent more than two weeks in Miami as Kramer's guests.