ALBANY, N.Y. — The criminal groping case against former New York Gov. Andrew Cuomo may be falling apart as prosecutors raised serious concerns Friday about the charges and pushed a scheduled arraignment back to January.
Albany County District Attorney David Soares wrote that criminal filings by the Albany County Sheriff’s Office, which unexpectedly filed a misdemeanor sex offense against Cuomo last week, are “potentially defective.”
He cited the legal problems facing the case in a request, which was granted, to push Cuomo’s court appearance from next week to Jan. 7.
“We were in the middle of that investigation when the Sheriff unilaterally and inexplicably filed a complaint in this Court,” Soares wrote in his appeal to move back the court date.
The prosecutor noted that there was no sworn testimony from Cuomo’s alleged victim and that the complaint misstates relevant law.
In his application, Soares also notes that there is testimony from the victim that could potentially clear Cuomo of wrongdoing.
A footnote indicates that “a transcript of the victim’s statement given in a separate proceeding” that was excluded from the criminal complaint has been provided to Cuomo’s counsel “due to its exculpatory nature.”
Sheriff Craig Apple admitted last week that he failed to coordinate with Soares’ office and said during a news conference he was surprised when the filing was made public and “would have liked” to have spoken with prosecutors, as well as Cuomo’s attorney beforehand.
“It’s unfortunate that it came so fast, but again, criminal investigations don’t always go how you want,” Apple said.
Cuomo, 63, resigned two months ago after a damning report from New York Attorney General Letitia James’ office detailed multiple allegations of sexual harassment.
The fallen Democrat has maintained his innocence, denying the most serious charges and complaining that comments he made to much-younger staffers were misunderstood and misinterpreted.
In the charging document filed last week, investigator Amy Kowalski wrote that Cuomo “knowingly and intentionally” committed the crime of forcible touching, a Class A misdemeanor that carries a sentence of up to a year in jail and is bail eligible.
While the victim’s name is redacted in the filing, former Cuomo executive assistant Brittany Commisso has publicly accused the ex-governor of groping her at his official residence late last year and filed a criminal complaint in August with the Sheriff’s Office in Albany.
Commisso, 33, told independent investigators working under James that Cuomo groped her and grabbed her breast while the two were alone in his office at the Executive Mansion last year. A November date is noted in the report.
In addition to the harassment claims, investigators determined the Cuomo administration was a “hostile work environment” that was “rife with fear and intimidation.” The former governor’s legal team has raised several issues with the report and repeatedly accused James of using the probe to boost her political ambitions. James announced last week she is running for governor.
Soares wrote Friday that his office has received “hundreds of hours of videotaped testimony that must be reviewed and provided to the defendant.”
Cuomo’s attorneys have repeatedly called for full transcripts of testimony taken by the investigators working under James to be made public.
Soares also notes that under New York’s recently enacted speedy-trial laws, the complaint filed last weeks starts a 90-day countdown clocks for prosecutors to be ready for trial “or risk having the charges dismissed.”
A spokeswoman said Soares’ office would not be commenting further.
Despite the confusion over the summons and lack of coordination with prosecutors, Apple said last week he is confident that his office conducted a thorough investigation.
“I don’t know if it will go to trial. I think we have an overwhelming amount of evidence. We have a victim who has been cooperating fully every day every step of the way,” he said. “As far as conviction, or something to that effect, that is really going to come down to is it a jury, is it a judge, and as well as the district attorney’s office.”
Apple’s office did not immediately respond to a request for comment.
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