Prosecutors drop groping charge against Andrew Cuomo

Former governor was accused of forcibly touching an aide in 2020

Days before the former governor was due to appear in court, the top prosecutor in Albany, New York announced he will not pursue a case against Andrew Cuomo, who was accused of groping an aide at the governor’s mansion.

“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,” Albany County District Attorney David Soares said in a statement on 4 January.

A complaint from the Albany County Sheriff’s Office alleges that Mr Cuomo “forcibly place[d] his hand under the blouse shirt of the victim” while at the governor’s mansion on 7 December, 2020, “for the purposes of degrading and gratifying his sexual desires.”

The charge of “forcible touching” is a misdemeanor with a penalty of up to one year in prison, if convicted.

Mr Soares added that he was “deeply troubled” by the allegations but requested that the sheriff’s office dismiss the complaint.

In November, Mr Soares had criticised Sheriff Craig Apple for “unilaterally and inexplicably” filing the complaint without first speaking with his office, which was investigating the case for “several months”.

“Unfortunately, the filings in this matter are potentially defective in that the police-officer-complainant failed to include a sworn statement by the victim such that [the office] could proceed with a prosecution on these papers,” Mr Soares said in a letter dated 4 November. He added that the alleged mistakes could be “exculpatory.”

Mr Cuomo – who resigned from his third term in office in August following widespread allegations of sexual harassment and abuse and the likelihood of a weeks-long impeachment investigation – was set to appear in court for his arraignment on 17 November.

Judge Holly Trexler moved his appearance to 7 January, after the district attorney’s office requested a delay “to reduce the risk of a procedural dismissal of this case” and to give the district attorney more time to review it.

During a press conference in November, Sheriff Apple admitted his surprise with the pace of the complaint through the criminal justice system, telling reporters that “if we consulted with the district attorney on every misdemeanor there would be no justice in this county.”

“Would I have liked to? Absolutely,” he said. “Everything moved too fast … but needless to say, as far as the case goes, it has no effect on the case. Our victim is cooperative, and we’re moving forward.”

He added that the evidence against Mr Cuomo is “overwhelming.”

A bombshell report from the office of New York Attorney General Letitia James accused Mr Cuomo of harassing 11 women and “engaging in unwelcome and nonconsensual touching, as well as making numerous offensive comments of a suggestive and sexual nature that created a hostile work environment for women.”

The criminal charge was the only one to follow the report. Prosecutors in two other counties have declined to charge him in incidents that occurred in their jurisdictions.

Last month, Westchester County District Attorney Mimi Rocah announced that Mr Cuomo would not face a criminal charge in a separate case involving his alleged sexual harassment of a state trooper due to statutory limitations set by state law.

She added in her statement that there is “credible evidence” that instances described in the allegations did occur, but “we cannot pursue criminal charges due to the statutory requirements of the criminal laws of New York.”

Acting Nassau County District Attorney Joyce Smith said her office’s “exhaustive investigation” of a 2019 incident “found the allegations credible, deeply troubling, but not criminal under New York law.”