5 November 2021: Albany County Prosecutor Throws Wrench Into Cuomo Criminal Misdemeanor Case

Cuomo's arraignment delayed as district attorney cites 'exculpatory' evidence

The Albany County prosecutor has thrown a significant wrench into the works for Andrew M. Cuomo's arraignment for "forcible touching" criminal misdemeanor charges.

The Albany County district attorney's office, citing a "potentially defective" criminal complaint filed against former Gov. Andrew M. Cuomo by the Albany County Sheriff's Office, on Friday was granted a 60-day adjournment for Cuomo to make his first scheduled court appearance on a misdemeanor forcible touching charge.

The searing letter filed in City Court on Thursday by Albany County District Attorney David Soares also made reference to potentially "exculpatory" evidence their office has turned over to Cuomo's defense counsel. That reference to exculpatory materials is mentioned in a footnote of the letter referring to a portion of a transcript of the alleged victim's statements to the attorney general; the letter does not detail why the information may be beneficial to the former governor's defense.

Soares wrote to Judge Holly A. Trexler that his office was still "in the middle" of investigating the allegations when "the sheriff unilaterally and inexplicably filed a complaint in this court. 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."

Soares went on to tell the judge that the complaint included "a portion of a transcript of the victim's statement given in a separate proceeding, but that portion excluded an oath, and, even more troubling, excluded other portions of her testimony where she described the very same acts described in the complaint."

Soares' letter was provided to the court on Thursday, 4 November 2021.

ZeroHedge, of all outlets, described the likely legal impact:

The decision, which will delay Cuomo's arraignment until January, also casts doubt on the likelihood that Cuomo will face any repercussions for the sexual harassment allegations, which include placing his hand inside a former staffer's blouse.

Andrew M. Cuomo's arraignment has been delayed until 7 January 2022.