Tuesday, January 04, 2022

4 January 2022: Albany DA Drops Forcible Touching Case Against Cuomo, Calls Victim "Credible"

Prosecutor drops groping charge against former NY Gov. Cuomo

As telegraphed in this timeline entry from earlier today, Albany County DA David Soares has chosen to drop the criminal misdemeanor charges that were filed by Albany County Sheriff Gary Apple's office against Andrew M. Cuomo. Here's an excerpt from the Associated Press' coverage:

Former New York Gov. Andrew Cuomo won’t face criminal prosecution over an allegation that he fondled an aide, after a prosecutor said Tuesday he was dropping the case because he couldn’t prove it.

Three days before the Democratic ex-governor was due to answer the misdemeanor charge in court, Albany County District Attorney David Soares said he was asking that a criminal complaint that the county sheriff filed in October be dismissed.

“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, adding that he was “deeply troubled” by the allegation.

Soares, a Democrat, had previously suggested that the forcible touching complaint was problematic.

“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 Monday.

Soares is the third county DA in New York to decline to pursue criminal charges against Andrew M. Cuomo related to his alleged sexual harassment of female victims while calling the victim's allegations "credible". Soares action was expected given his long aversion to pursing criminal charges against powerful Democratic party officials.