New York’s disgraced former governor Andrew Cuomo will not be prosecuted for allegedly groping a woman at his executive mansion, but could still face civil lawsuits, Albany County’s district attorney says.
The case is not being pursued despite prosecutors’ acknowledgement his accuser was ‘cooperative and credible.’
It’s the fourth time within the past week that allegations against Cuomo have been dropped; Manhattan’s district attorney said Monday that is will not file any charges against Cuomo in the nursing home scandal.
Last week, prosecutors in two districts said Cuomo would not face criminal charges after two women, including a state trooper, alleged that he planted unwanted kisses on their cheeks.
Cuomo was due to be arraigned Friday over claims he inappropriately touched former staffer and current state worker Brittany Commisso, 33, in November 2020.
Although Commisso reportedly sought to move forward with the case, she was told by prosecutors Monday that the case will be dropped because of the way the complaint was filed.
Former New York governor Andrew Cuomo was due to be arraigned on Friday for allegedly groping former staffer and current state worker Brittany Commisso, 33, left, in November 2020
Albany County District Attorney David Soares confirmed Tuesday that the charge will not be prosecuted. The office’s investigation into Cuomo is now complete.
‘While many have an opinion regarding the allegations against the former Governor, the Albany County DA’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 press release.
‘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. As such we have notified the Court that we are declining to prosecute this matter and requesting the charges filed by the Albany County Sheriff be dismissed.’
The democratic prosecutor hinted Monday that the complaint was concerning.
‘While many have an opinion regarding the allegations against the former governor, the Albany County DA’s Office is the only one who has a burden to prove the elements of a crime beyond a reasonable doubt,’ Soares said Monday.
Cuomo has denied the allegations against him. His lawyer did not respond to a DailyMail.com request for comment.
But Albany County’s district attorney confirmed Tuesday that he will not be prosecuted for the alleged crime
Fellow Cuomo accusers Alyssa McGrath and Virginia Limmiatis said through their attorney that while they were disappointed in the outcome, they were not surprised.
‘Unfortunately, our penal laws and system frequently do not properly punish the acts of so many abusive men in power,’ their lawyer Mariann Wang said in a statement.
‘Cuomo’s conduct was nonetheless unlawful and deeply harmful to the women who were subjected to it, as the Attorney General and Assembly found in their reports. My clients remain grateful for those investigations and above all to the other women who had the courage to come forward. Cuomo and men like him should not be in positions of power.’
Cuomo’s attorney Rita Glavin has said that Commisso’s ‘story changed over time.’
The complaint filed by an investigator in Albany County Sheriff Craig Apple’s office said evidence in the case included police BlackBerry messages, cell phone records, building security records and a text message from Cuomo’s mobile phone.
Soars criticized Apple for ‘unilaterally and inexplicably’ filing a complaint before consulting with prosecutors, and said the complaint was ‘potentially defective.’
Apple has contended that although the paperwork was processed quickly, he was confident the case would stick.
A complaint filed by an Albany County sheriff’s department investigator said evidence in the case included police BlackBerry messages, cell phone records, building security records and a text message from Cuomo’s mobile phone
Police in October filed a misdemeanor groping complaint against Cuomo, but a week later the district attorney asked a judge for more time to evaluate the evidence.
The D.A. said that the sheriff’s one-page criminal complaint, based on Commisso’s allegations were ‘potentially defective.’
The ex-governor was also let off the hook last week when Westchester District Attorney Mimi Roca said he won’t face criminal charges stemming from allegations of unwanted kissing by two women, one of them a state trooper assigned to his detail.
District Attorney Mimi Rocah said there was ‘credible evidence’ the claims were valid
‘In both instances, my office has determined that, although the allegations and witnesses were credible, and the conduct concerning, we cannot pursue criminal charges due to the statutory requirements of the criminal laws of New York,’ Rocah said in a statement.
The female state trooper said she felt ‘completely violated’ by his unwanted touching at an event at Belmont Park racetrack in September 2019.
According to the report, the trooper said Cuomo ran the palm of his left hand across her abdomen, to her belly button and then to her right hip, where she kept her gun, while she held a door open for him as he left an event at Belmont Park on September 23, 2019.
Last August, New York Attorney General Letitia James released a 168-page report with 74,000 pieces of evidence and dozens of interviews that chronicled accusations from 11 women against Cuomo and led to his resignation from office, although he has attacked the findings as biased and inaccurate.
After James’ report was concluded, she said pursuing potential criminal penalties would be up to prosecutors.
The unnamed state trooper assigned to Cuomo’s detail was on duty at his home in Mount Kisco and asked the governor if he needed anything before he responded by asking her if he could kiss her, according to James’ report. The trooper said that she feared the ramifications of denying his request, so she said ‘sure.’
Cuomo kissed her on the cheek and, as listed in James’ report, said something along the lines of ‘oh, I’m not supposed to do that’ or ‘unless that’s against the rules.’
Former aide Lindsay Boylan, 36, was the first woman to accuse Cuomo of sexual harassment in a Medium post on February 24. Charlotte Bennett, 25, came forward a few days later
In a second allegation probed by Rocah’s office, a woman claimed that an unprompted Cuomo grabbed her arm, pulled her toward him and kissed her on the cheek to greet her at an event at White Plains High School.
While Rocah said that her office would not pursue criminal charges, she added that their conclusion is not related to ‘any possible civil liability’ because it is outside of her office’s jurisdiction.
Last week, a Long Island prosecutor said Cuomo wouldn’t face criminal charges after the same unnamed trooper said she felt ‘completely violated’ by his unwanted touching at an event at Belmont Park in September 2019. Acting Nassau County District Attorney Joyce Smith said the allegations were credible and troubling but not criminal under state law.
Former aide Lindsay Boylan, 36, was the first woman to accuse Cuomo of sexual harassment in a Medium post on February 24. She claimed that the governor asked her to play strip poker and kissed her on the lips without her permission when she worked for him in 2017.
Charlotte Bennett, 25, came forward a few days after Boylan and claimed that Cuomo sexually harassed her last June while she was working as a health policy adviser in his administration at the height of the COVID-19 crisis.
Bennett accused Cuomo of ‘grooming’ her and asking inappropriate questions about her sex life.
She also claimed that he told her he was open to dating women in their 20s.
Cuomo accusers Alyssa McGrath and Virginia Limmiatis said through their attorney that while they were disappointed in the outcome, they were not surprised
Attorney General Letitia James’ report found that Cuomo sexually harassed at least 11 women in violation of federal and state civil rights law but left the possibility of pursuing potential criminal penalties to prosecutors
Anna Ruch was the third woman to accuse Cuomo of sexual harassment and the only one thus far who did not work with him in a professional capacity. She claimed that Cuomo put his hands on her face and asked if he could kiss her just moments after they met at a September 2019 wedding in Manhattan.
Ana Liss, 35, a former aide, said Cuomo asked her whether she had a boyfriend, once kissed her hand at her desk and called her by patronizing names, including ‘blondie,’ ‘sweetheart’ and ‘honey.’
Fellow accuser McGrath said the governor, 63, ogled her body, called her and her co-worker ‘mingle mamas’ and asked about her lack of a wedding ring, according to The New York Times.
The New York Times conducted several interviews with McGrath early last year in which she described the governor’s pattern of flirtatious banter.
She also claimed he looked down her shirt to compliment her on her necklace, told her that she’s beautiful in Italian and kissed her on the forehead during an office Christmas party in 2019.
Alyssa McGrath said Cuomo ogled her body, called her and her co-worker ‘mingle mamas’ and asked about her lack of a wedding ring as well calling her beautiful in Italian
At a reception, the governor hugged her then put his arm around her lower back and waist as they posed for photo, Liss said.
She said she eventually asked for a job transfer. In an interview, Liss said she was ‘not claiming sexual harassment per se,’ but felt the administration ‘wasn’t a safe space for young women to work.’
Rita Glavin, a lawyer for Cuomo, responded to McGrath’s allegations by admitting he uses Italian phrases like ‘ciao bella.’
‘The governor has greeted men and women with hugs and a kiss on the cheek, forehead, or hand. Yes, he has posed for photographs with his arm around them. Yes, he uses Italian phrases like ‘ciao bella’,’ Glavin told the Times on Friday.
The oldest allegations against Cuomo came from Karen Hinton, who served as a press aide for him when he led the US Department of Housing and Urban Development two decades ago and she was a consultant for the agency.
Hinton told the Washington Post about a 2000 incident when she said Cuomo summoned her to his ‘dimly lit’ hotel room and embraced her after a work event. She said she tried to pull away from Cuomo when he pulled her back and held her before she managed to escape the room.
The most damning allegations leveled against Cuomo to date came from a sixth accuser, whose name has not been released.
The accuser, who is a member of Cuomo’s staff, alleged that he closed a door, reached under her blouse and fondled her after summoning her to the governor’s mansion in Albany for help with his cellphone, according to the Times Union of Albany.
The women who accused Gov Andrew Cuomo of harassment
Lindsay Boylan, 36
Former aide Lindsay Boylan, 36, was the first woman to accuse Cuomo of sexual harassment in a Medium post on February 24. She claimed that the governor asked her to play strip poker and kissed her on the lips without her permission when she worked for him in 2017.
Lindsay Boylan, 36
Charlotte Bennett, 25
Charlotte Bennett, 25, came forward a few days after Boylan and claimed that Cuomo sexually harassed her last June while she was working as a health policy adviser in his administration at the height of the COVID-19 crisis.
Bennett accused Cuomo of ‘grooming’ her and asking inappropriate questions about her sex life.
She also claimed that he told her he was open to dating women in their 20s.
BENNETT said the governor asked her about her love life – including whether she ever had sex with older men – and talked about his own, saying that age differences didn’t matter in relationships and he was open to dating women over 22.
During a meeting alone in his office, the governor said he was lonely and talked about wanting to hug someone, Bennett said.
She said she swiftly complained to Cuomo’s chief of staff and was transferred to another job.
She said she spoke to a lawyer for the governor, but didn´t insist on further action because she liked her new post and wanted to move on.
Charlotte Bennett, 25
Anna Ruch, 33
Anna Ruch was the third woman to accuse Cuomo of sexual harassment and the only one thus far who did not work with him in a professional capacity. She claimed that Cuomo put his hands on her face and asked if he could kiss her just moments after they met at a September 2019 wedding in Manhattan.
Anna Ruch, 33
Ana Liss, 35
Ana Liss, 35, a former aide, said Cuomo asked her whether she had a boyfriend, once kissed her hand at her desk and called her by patronizing names, including ‘blondie,’ ‘sweetheart’ and ‘honey.’
At a reception, the governor hugged her then put his arm around her lower back and waist as they posed for photo, Liss said.
She said she eventually asked for a job transfer. In an interview, Liss said she was ‘not claiming sexual harassment per se,’ but felt the administration ‘wasn’t a safe space for young women to work.’
Liss, who previously served as Cuomo’s policy and operations aide between 2013 and 2015, told the Wall Street Journal that during her time in his administration, the governor had subjected her to unsolicited advances, including touching her lower back, kissing her hand and quizzing her about her love life.
Ana Liss, 35
Karen Hinton, 62
The oldest allegations against Cuomo came from Karen Hinton, who served as a press aide for him when he led the US Department of Housing and Urban Development two decades ago and she was a consultant for the agency. Hinton told the Washington Post about a 2000 incident when she said Cuomo summoned her to his ‘dimly lit’ hotel room and embraced her after a work event. She said she tried to pull away from Cuomo when he pulled her back and held her before she managed to escape the room.
Karen Hinton, 62
Unnamed sixth accuser
The most damning allegations leveled against Cuomo to date came from a sixth accuser, whose name has not been released.
The accuser, who is a member of Cuomo’s staff, alleged that he closed a door, reached under her blouse and fondled her after summoning her to the governor’s mansion in Albany for help with his cellphone, according to the Times Union of Albany.
It first reported on her accusation last month; she then gave more detail in her first interview on the matter.
The woman spoke on the condition of anonymity to protect her privacy, although her identity is known within the governor´s circle, the Times Union reported.
The woman, an executive assistant, told the Times Union the governor gave her kisses on the cheek and inappropriately tight hugs for years and made remarks including, ‘If you were single, the things that I would do to you’ and ‘I’m single and ready to mingle.’
Then, one day in November, she was summoned to his Executive Mansion office to help him with a cellphone problem, she said.
He got up from his desk, started groping her and told her ‘I don’t care’ after she tried to deflect him by saying he was going to get them into trouble, and then he slammed the door, she said.
Then he reached under her blouse and clutched one of her breasts over her bra, she told the newspaper.
The woman told a colleague this winter about the alleged encounter, and the co-worker told a supervisor in early March, according to the newspaper.
Cuomo called the report ‘gut-wrenching’ in a March statement and said: ‘I have never done anything like this.’
Another female aide, who has remained anonymous, claimed he called her to his Executive Mansion last year, reached under her blouse and fondled her
Jessica Bakeman
Jessica Bakeman claimed in a first-person article for New York Magazine that she was sexually harassed by Cuomo on several occasions since the start of her journalism career in 2012.
Bakeman added her voice as the seventh accuser as she detailed inappropriate touching by the governor as he continued to deny all of the claims.
‘He took my hand, as if to shake it, then refused to let go,’ Bakeman wrote of an interaction with Cuomo as she said goodnight at a holiday party in 2014 when she was only 25 years old.
‘He put his other arm around my back, his hand on my waist, and held me firmly in place while indicating to a photographer he wanted us to pose for a picture.’
At the time Bakeman had been working for what is now Politico New York and claimed that red flags went up as her ‘job was to analyze and scrutinize him’.
‘I didn’t want a photo of him with his hands on my body and a smile on my face,’ she wrote.
Jessica Bakeman, a reporter who once covered the Cuomo administration, was the seventh woman to come forward with claims of harassment
‘But I made the reflexive assessment that most women and marginalized people know instinctively, the calculation about risk and power and self-preservation. I knew it would be far easier to smile for the brief moment it takes to snap a picture than to challenge one of the most powerful men in the country.’
In an earlier 2012 incident while she was working for USA Today, Bakeman also claims that Cuomo kept her pinned to his side as he told a story to her male colleagues.
‘He left it there, and kept me pinned next to him, for several minutes as he finished telling his story,’ she said. ‘I stood there, my cheeks hot, giggling nervously as my male colleagues did the same. We all knew it was wrong, but we did nothing.’
The reporter, who now works in Florida, claimed that Cuomo ‘never let me forget I was a woman’ as she also alleged that he made frequent attempts to humiliate her, including calling out her purple phone instead of answering her question during a press gaggle.
Alyssa McGrath, 33
McGrath, a current administrative assistant in Cuomo’s office, told The New York Times that he looked down her shirt, quizzed her about her marital status, and told her she was beautiful, using an Italian phrase she had to ask her parents to interpret.
McGrath didn’t say the governor made sexual contact with her but thought his behavior was sexual harassment.
She recalled Cuomo kissing her on the forehead and gripping her firmly around the sides while posing for a photo at a 2019 office Christmas party.
Alyssa McGrath (pictured) is one of two aides who have come forward to accuse the governor of harassment
Sherry Vill, 55
Sherry Vill, 55, accused Cuomo of sexual misconduct during a press conference with her attorney Gloria Allred on Monday.
She alleges Cuomo grabbed her face and kissed her ‘aggressively and in a sexual manner’ on both cheeks in May 2017 while he was touring her home in Greece, near Rochester, as he inspected local flood damage.
Vill, who said she felt uncomfortable at the time, shared an image her daughter took on the day that showed Cuomo holding her face as he kissed her cheek and her attorney held up multiple photos showing the Governor inside her home.
The same photos appear on Cuomo’s Flickr account, as well as multiple others that show him kissing and greeting residents as he toured the town.
None of the women in the other photos have accused the governor of inappropriate behavior or wrongdoing.
Sherry Vill, 55, accused Cuomo of sexual misconduct on Monday. Vill, who said she felt uncomfortable at the time, shared an image her daughter took on the day that showed Cuomo holding her face as he kissed her cheek