The political landscape of New York was shaken once again on Thursday, October 28, 2021, as former Governor Andrew Cuomo found himself facing a misdemeanor sex crime charge. This development comes just two months after his resignation amidst a swirling cloud of sexual harassment allegations. The charge, a single-count criminal complaint filed in Albany City Court, accuses Cuomo of forcible touching, stemming from an alleged incident on December 7, 2020.
The complaint, filed by an investigator with the Albany County Sheriff’s Office, alleges that Cuomo placed his hand under a woman’s shirt. While the document doesn’t explicitly name the woman, the details align with previous public accusations made by Brittany Commisso, a former aide to the governor. Commisso has publicly claimed Cuomo groped her at the Executive Mansion in Albany around the same date.
FILE – Former New York Governor Andrew Cuomo during a news conference. A criminal complaint accuses him of a misdemeanor sex crime.
A Surprise Filing and Conflicting Accounts
The filing of the criminal complaint appears to have caught many off guard, including the Albany County District Attorney’s office, which would be responsible for prosecuting the case. District Attorney David Soares issued a statement expressing surprise at the unexpected filing and declining further comment.
Adding to the confusion, reports suggest the complaint may have been filed prematurely. The Times Union newspaper quoted unnamed officials claiming the filing occurred before a final decision on charges had been reached. The Albany County Sheriff’s Office, headed by Sheriff Craig Apple, confirmed the issuance of a criminal summons for Cuomo to appear in court on November 17, 2021, but didn’t directly address the reports of a premature filing. Their statement indicated that the court, not law enforcement or prosecutors, made the decision to issue the summons based on evidence presented by sheriff’s investigators, who had determined probable cause.
Cuomo’s Defense and Accusations of Political Motivations
Cuomo’s lawyer, Rita Glavin, vehemently denied the allegations, asserting that Cuomo never assaulted anyone and questioning Sheriff Apple’s motives, suggesting political motivations were at play. Glavin criticized Apple for not informing the District Attorney about the filing and referenced previous instances of alleged leaks and premature pronouncements of guilt.
The Accusation and Cuomo’s Denial
Brittany Commisso, formerly an executive assistant to Cuomo, alleges that he groped her while they were alone in his office at the Executive Mansion. She claims Cuomo pulled her into a hug as she was leaving, dismissed her concerns about getting into trouble, and then closed the door. Commisso further alleges that Cuomo slid his hand up her blouse and grabbed her breast. Cuomo has steadfastly denied these accusations, stating he would have to “lose his mind” to do such a thing.
Legal Ramifications and Ongoing Investigations
In New York, the charge of forcible touching carries a potential penalty of up to one year in jail and three years of probation, although the court has discretion to impose lesser penalties, including no jail time.
Commisso’s lawyer, Brian Premo, stated that his client was not consulted about the criminal complaint and expressed concern that the process was not being handled as agreed upon with the District Attorney’s office. He indicated that Commisso, like the District Attorney’s office, learned about the filing through the media.
The Larger Context of the Cuomo Scandal
This latest development unfolds against the backdrop of the broader sexual harassment scandal that led to Cuomo’s resignation. A report by New York Attorney General Letitia James concluded that Cuomo sexually harassed 11 women, with accusations ranging from unwanted kisses to inappropriate personal questions. Cuomo resigned a week after the report’s release, marking a dramatic fall from grace for the once-prominent governor. He has consistently criticized the report, claiming it to be inaccurate and biased.
James, whose office was not involved in the criminal investigation, issued a statement supporting the criminal charges and highlighting the validation they provide to her office’s findings. Speculation is rife about James’ potential gubernatorial run, a factor that adds another layer of complexity to the situation.
Evidence and Further Developments
The criminal complaint cites various pieces of evidence, including BlackBerry messages, cell phone records, building security records, Cuomo’s flight records, and a text message from his mobile phone. Cuomo’s attorney, Glavin, has argued that records demonstrate the two were unlikely to have been alone during the time in question. Cuomo’s spokesman, Rich Azzopardi, also questioned the handling of the case, suggesting political motivations and criticizing the lack of notification to the prosecuting body.
Other district attorneys in various New York counties have also requested investigative materials from the attorney general’s inquiry to explore potential criminal charges. Furthermore, the Assembly Judiciary Committee is continuing its impeachment investigation of Cuomo, which began before his resignation. This investigation also encompasses the administration’s handling of COVID-19 data and prioritized testing for Cuomo’s inner circle.
Conclusion: An Uncertain Future
The criminal charge against Andrew Cuomo marks a significant new chapter in the ongoing saga surrounding his conduct. The case is far from settled, and many questions remain unanswered. The legal proceedings will undoubtedly be closely scrutinized as the former governor faces the potential consequences of this misdemeanor charge. The outcome of this case will have lasting implications for Cuomo’s legacy and the political landscape of New York. The focus remains on ensuring a fair and just legal process that respects the rights of all involved.
