NEW YORK (1010 WINS) — Former Gov. Andrew Cuomo was issued a summons Thursday to appear in court later next month after a criminal complaint accused him of forcible touching for allegedly groping a former aide at the Executive Mansion in Albany in December 2020.
According to the criminal complaint, Cuomo is alleged to have committed a misdemeanor act of forcible touching of a former aide on the second floor of the state mansion on Dec. 7.
“At the aforesaid date, time and location the defendant Andrew M. Cuomo did intentionally, and for no legitimate purpose, forcibly place his hand under the blouse shirt of the victim and onto her intimate body part,” the complaint read. “Specifically, the victim’s left breast for the purposes of degrading and gratifying his sexual desires, all contrary to the provisions of the statute in such case made and provided.”
The crime is punishable for up to a year in jail, if convicted.
In response to the complaint, Cuomo’s lawyer Rita Glavin argued Cuomo has never "assaulted anyone" and questioned Albany Sheriff Craig Apple's motives.
“Governor Cuomo has never assaulted anyone, and Sheriff Apple’s motives here are patently improper," her statement read. "Sheriff Apple didn’t even tell the District Attorney what he was doing. But Apple’s behavior is no surprise given (1) his August 7 press conference where he essentially pronounced the Governor guilty before doing an investigation, and (2) his Office’s leaking of grand jury information. This is not professional law enforcement; this is politics."
Cuomo's spokesperson, Rich Azzopardi, also criticized "this cowboy sheriff" for the criminal charge and questioned James' rationale in a statement Thursday evening.
"'Accidentally' filing a criminal charge without notification and consent of the prosecuting body doesn’t pass the laugh test and this process reeks of Albany politics and perhaps worse," Azzopardi said. "The fact that the AG — as predicted — is about to announce a run for governor is lost on no one. The truth about what happened with this cowboy sheriff will come out."
Thursday's complaint did not name the victim, but earlier this year, former Cuomo aide Brittany Commisso made similar accusations.
In state Attorney General Letitia James' report, which concluded that Cuomo had sexually harassed 11 women, Commisso said the governor reached under her shirt and fondled her when they were alone in a room at the Executive Mansion last year. She told investigators with the AG’s office that Cuomo also once rubbed her rear end while they were posing together for a photo.
Commisso filed a criminal complaint with the Albany County Sheriff's Office in August.
The attorney general’s report described a series of times Cuomo allegedly acted inappropriately with Commisso, referred to as Executive Assistant #1, culminating with the groping encounter at the mansion.
At the time, Glavin had said the allegation was fabricated.
“He is 63 years old. He has spent 40 years in public life, and for him to all of the sudden be accused of a sexual assault of an executive assistant that he really doesn’t know doesn’t pass muster,” Glavin said.
Cuomo resigned in August amid mounting scrutiny once James' report was publically released.
The attorney general released a statement Thursday arguing that the charge corroborates the legitimacy of her office's report.
"From the moment my office received the referral to investigate allegations that former Governor Andrew Cuomo sexually harassed multiple women, we proceeded without fear or favor," James said. "The criminal charges brought today against Mr. Cuomo for forcible touching further validate the findings in our report."
Ahead of the criminal complaint's release, The Albany Times-Union reported the complaint had been issued “prematurely.”
The Albany County Sheriff’s Office said in a statement that Cuomo has been issued a summons to appear in court on Nov. 17.
“On Thursday, October 28, 2021, Sheriff’s Investigators presented Albany County Court with evidence for their review to determine the most appropriate legal pathway moving forward on the investigation,” the statement read. “Sheriff’s Investigators have been conducting an investigation into former Governor Andrew M. Cuomo since August 5, 2021 for a criminal complaint of forcible touching and have determined there was enough probable cause to present evidence to the court.”
Albany District Attorney David Soares said in a statement that his office was "surprised" by the charge filed by the Sheriff's Department.
"Like the rest of the public, we were surprised to learn today that a criminal complaint was filed in Albany City Court by the Albany County Sheriff's Office against Andrew Cuomo," his statement read. "The Office of Court Administration has since made that filing public. Our office will not be commenting further on this case."
Commisso's attorney, Brian D. Premo, said they were also unaware in advance of Thursday's criminal complaint against Cuomo.
"It was my client's understanding that the district attorney's office was in agreement with the sheriff's department that it was going to conduct a thorough, impartial, and apolitical evaluation of the case, and only after completion of the investigation, speak to my client to allow her to make an informed decision as to whether she would proceed as a victim in the case," Premo said. "Like the district attorney's office, she was informed about this recent filing through media."
New York Senate Minority Leader Robert Ortt called the criminal charge a "small but crucial step closer towards accountability."
"I want to recognize the brave women who came forward to share their stories," he added in a statement. "None of this would be possible without their willingness to stand up to a powerful and vindictive political figure. New Yorkers must not forget that a possible conviction for this misdemeanor charge only scratches the surface of full justice for the victims of our disgraced former Governor. It is my hope that all investigations into Andrew Cuomo move forward swiftly and justice is delivered to all of his victims and the people of New York."
Cuomo has continued to deny any wrongdoing.
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