DA Says Criminal Complaint Against Cuomo ‘Potentially Defective’

In Summary

A district attorney in Albany wrote a letter expressing concern about the criminal complaint filed against Andrew Cuomo. 

The case against former New York Governor Andrew Cuomo alleging a sex crime may be in trouble due to the criminal complaint filed in court.  

PREVIOUS: Governor Cuomo Accuser Files Criminal Complaint Against Him in Albany 

Albany County District Attorney David Soares said the complaint filed against the former governor is “potentially defective,” CNN reported. Soares also questioned the validity of the complaint, which did not have a sworn statement from the alleged victim and was filed without Soares’ knowledge. He also said the complaint “misstates the relevant law” and failed to include important pieces of testimony from the alleged victim.  

Brittany Commisso, a former aide for Cuomo, accused him of touching her inappropriately at the Executive Mansion in 2020. The criminal complaint against Cuomo was filed in Albany City Court on October 28.  

RELATED: Human Rights Campaign Fires First Black Pres Over Gov. Cuomo Harassment Claims  

According to CNN, Commisso’s attorney Brian Premo discussed the case on Talk 1300 Radio in Albany. He said, “It was my client’s understanding that the district attorney’s office was going to lead a thorough, apolitical investigation into the matter and then discuss the issues with my client and then my client would give her informed consent. It was our understanding that the sheriff was in agreement with that process, so she was just surprised by how it came about and what had occurred, but again, she has been—always will be—a cooperative victim and she just wants justice.”  

RELATED: New York Governor Andrew Cuomo Announces Resignation 

Cuomo resigned from office in August after multiple women went public with allegations against him, including forcible touching. During his resignation speech, he said the “most serious allegations” made against him had no “credible factual basis.”  

The scandal came to light after a report from the office of New York Attorney General Letitia James, who is now running for NY Governor, detailed Cuomo’s behavior. The report said, “Specifically, we find that the Governor sexually harassed a number of current and former New York State employees by, among other things, 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.” 

RELATED: Gov. Cuomo Denies Sexually Harassing Women Following Bombshell Report  

Cuomo’s arraignment was postponed for 60 days with the approval of judge Holly Trexler. He will now be arraigned in January.  

If you or someone you know is struggling from trauma triggered by this story, resources are available here.   

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