NEW YORK (1010 WINS) -- The Albany County District Attorney said Tuesday that his office will drop a criminal complaint charging former Gov. Andrew Cuomo with misdemeanor forcible touching.
Albany DA David Soares said prosecutors had concluded their investigation into allegations against Cuomo and didn’t have enough evidence to prove the case.
“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 statement.
“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,” Soares continued. “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 complaint stemmed from an allegation made by Brittany Commisso, a former aide who accused the then-governor of groping her at the Executive Mansion in December 2020.
Prosecutors met with Commisso on Monday, when they informed her they planned not to move forward with the case, according to the Albany Times Union.
Commisso’s attorney, Brian D. Premo, told the Times Union in a statement that he can only “confirm my client had no control over the filing or prosecution of criminal charges.”
“She had no authority or voice in those decisions,” Premo said. “The only thing she has any power over is her resolution to continue to speak the truth and seek justice in an appropriate civil action, which she will do in due course.”
Cuomo had been schedule to appear for the first time in Albany City Court this Friday to face the misdemeanor charge. It was the most serious allegation he had faced after multiple women accused him of sexual misconduct.
DA Soares said he remained “deeply troubled by allegations like the ones at issue here” and added “such conduct has no place in government or in any workplace.”
“Although avenues for criminal prosecution in these cases are sometimes limited, I encourage victims of workplace harassment and abuse to continue to come forward and bring these issues to light so that these important discussions can continue,” Soares said.
Last month, district attorneys in Westchester and Nassau counties said they wouldn’t pursue criminal charges against Cuomo over allegations made by other women.
Cuomo, who resigned as governor last August, has denied the allegations.
The Manhattan District Attorney's Office also closed its probe into Cuomo’s alleged mishandling of COVID-19 nursing home deaths without any charges filed, Cuomo attorney Elkan Abramowitz said Monday.
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