Andrew Cuomo's sexual harassment case: Prosecutor seeks more time to evaluate evidence

Prosecutor investigating the sexual harassment accusation against the former New York Gov. Andrew Cuomo that he had “groped a woman” on Friday asked for more time from the judge to evaluate the evidence, Associated Press has learned. In a letter released on Nov. 5, the prosecutor claimed that the local sheriff's office’s one-page complaint filed last week in Albany City Court was "potentially defective.” The said document accuses the ex-New York governor of forcibly touching a former aide by putting his hand under her shirt on Dec. 7 after he summoned her to his executive mansion. Albany Country District Attorney David Soares earlier yesterday sought more time to establish evidence with respect to the misdemeanour related to the sex crime. He was apparently “caught off guard” by the filing and has been probing the circumstances of the incident for several months. 

In a letter to Judge Holly Trexler, obtained by Associated Press, Soares said: ”We were in the middle of that investigation when the Sheriff unilaterally and inexplicably filed a complaint in this court.”

He added, ”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 People could proceed with a prosecution on these papers.”

Prosecutor 'expecting more evidence,' Cuomo's appearance for Nov. 17 adjourned 

Soares told the judge that he was expecting more evidence to come to his office in the week ahead and had several hours of videotaped testimony to review. He also pointed out that the sheriff’s complaint as filed had only included a part of the woman’s testimony. He now suspects that obliterated parts of the testimony might include some sections which may possibly be “exculpatory” and can come in handy in Cuomo’s defense. As the trial for ex-NY Governor Cuomo approaches, Soares asked the judge for more time to go through the incoming material.

As Cuomo is set to appear for an arraignment on Nov. 17, Soares also requested the judge to postpone that appearance by 60 days."The purpose of this adjournment is to give my office time to continue with our independent and unbiased review," Soares wrote in the letter, according to Associated Press. In a response e-mail, a spokesperson for Soares informed that the court had given the prosecutor delay until Jan. 7, 2022. 

The complaint was filed by the woman named Brittany Commisso, a former Cuomo aide that was employed as the executive assistant before the politician stepped down from his position. The woman accused Cuomo of inappropriately touching her, a crime that can lead to a year imprisonment. Cuomo, although repeatedly denied touching anyone forcibly or inappropriately when he resigned from office in August. The ex-New York Governor who now faces multiple allegations of sexual misconduct dismissed the claims saying that he  never made any advances towards the former aides, describing one victim Bennett, 25 as a "hardworking and valued member of our team.” 

"When she came to me and opened up about being a sexual assault survivor and how it shaped her and her ongoing efforts to create an organization that empowered her voice to help other survivors, I tried to be supportive and helpful,” Cuomo said about one of the women who accused him of inappropriate advancements, as he had called for "full and thorough outside review.”

The three-term governor facing sexual harassment allegations from several other women was asked by New York congressional members to turn in a resignation. US President Joe Biden also asked the former New York governor to quit, stressing that if the claims of sexual harassment against the Democratic governor turned out to be true, there could be legal repercussions. After the former female aides of the New York governor came forward, including Manhattan borough president Lindsey Boylan levelling sexual harassment accusations, Attorney General Letitia James had opened a probe last year with due acceptance of a formal referral from the speaker of the New York Assembly, Carl Heastie.