Albany County won’t prosecute Cuomo

The Albany County district attorney says his office will not prosecute a groping charge made against former Gov. Andrew Cuomo (D-N.Y.), despite finding the allegation credible.

District Attorney David Soares said in a statement on Tuesday that his office determined it could not make its case in a trial.

“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 said in a statement. “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.”

Cuomo resigned from office in August after an investigation launched by New York Attorney General Letitia James found that the governor sexually harassed 11 women.

Brittany Commisso, a former assistant to Cuomo, was identified as “Executive Assistant #1” in James’ report.

She filed a criminal complaint with the Albany County Sheriff’s office in August, accusing Cuomo of engaging in a “pattern of inappropriate conduct” with her.

She outlined one instance when the then-governor allegedly grabbed her butt cheek and began to rub it while taking a selfie with her, and another when Cuomo allegedly “reached under her blouse and grabbed her breast” during “another close hug.”

The Hill has reached out to Cuomo for comment.

In her first public interview after filing the criminal complaint, Commisso said Cuomo’s actions against her constitute a “crime.” She said the governor “broke the law.”

She added that the interactions between the two were “not normal,” “not welcomed” and “certainly not consensual.”

Cuomo challenged allegations Commisso made in James’ report, telling investigators “To touch a woman’s breast who I hardly know, in the Mansion, with ten staff around, with my family in the Mansion, to say ‘I don’t care who sees us’ … I would have to lose my mind to do such a thing.”

Commisso said the governor’s response was “disgusting,” adding: “It’s simple. I know the truth. He knows the truth. I know what happened and so does he.”

Soares’ announcement on Tuesday comes after Acting Nassau County District Attorney Joyce Smith announced last month that while allegations of inappropriate touching made by a state trooper against Cuomo were determined to be “credible” and “deeply troubling,” they were “not criminal under New York law” following an investigation.

The female state trooper’s allegations were also included in James’ report. The state trooper had accused the then-governor of placing the palm of his land on parts of her torso and right hip.

The state trooper said she felt “completely violated” by the alleged interaction.

This story was updated at 12:41 p.m.