Albany DA Won’t Press Criminal Sex Offense Charges Against Cuomo
By Celia Young January 4, 2022 1:13 pm
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The Albany County district attorney dropped misdemeanor sex offense charges levied against former Gov. Andrew Cuomo for allegedly groping an aide in the Executive Mansion in 2020, the D.A. announced Tuesday.
The DA’s office told the former Cuomo staffer and current state worker, Brittany Commisso, who filed the criminal complaint against Cuomo that it would not prosecute the case on Monday, days before Cuomo was scheduled to be arraigned in court on Jan. 7, The Times Union reported.
The decision came even as D.A. David Soares said that Commisso was credible and that he was deeply troubled by the allegations, The New York Times reported.
“While many have an opinion regarding the allegations against the former governor, the Albany County D.A.’s office is the only one who has a burden to prove the elements of a crime beyond a reasonable doubt,” Soares said in a statement, according to The Times. “While we found the complainant in this case cooperative and credible, after review of all the available evidence we have concluded that we cannot meet our burden at trial.”
The Albany sheriff’s office charged Cuomo with a misdemeanor sex offense in October for groping a former aide’s breast on Dec. 7, 2020, the day after the ex-governor’s 63rd birthday. But the Albany district attorney’s office was surprised by the sheriff’s criminal complaint filing, which was part of the reason why Soares did not move forward with the charges, The Times Union reported.
Soares’ decision not to press charges comes a week after the Westchester County district attorney’s office also chose not to pursue a criminal complaint against Cuomo over two separate incidents where he allegedly inappropriately kissed two women on the cheek.
District Attorney Miriam Rocah also found the evidence that Cuomo had kissed the two women credible, but said she couldn’t press charges because the alleged acts were not criminal conduct under New York law. Prosecutors in Nassau County also decided not to press charges against the former governor on a separate sexual misconduct allegation, the Times reported.
The two criminal investigations were the consequences of a state investigation into Cuomo, where Attorney General Letitia James determined that Cuomo sexually harassed multiple women in a pattern of behavior that created a toxic workplace.
Cuomo has repeatedly denied the accusations of sexual harassment, and criticized James’ investigation as unfair, but resigned shortly after her report was released. A representative for Cuomo did not immediately respond to a request for comment.
Celia Young can be reached at cyoung@commercialobserver.com.
