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Andrew Cuomo Accusers Slam DA For Dropping Criminal Groping Charge

HassieCarter370823968 2022.02.10 10:06 조회 수 : 3

A pair of women who have accused former Andrew Cuomo of sexual harassment reacted to the news Tuesday that the disgraced former governor will not be prosecuted for allegedly groping ex-staffer Brittany Commisso in 2020.

Fellow Cuomo accusers Alyssa McGrath and Virginia Limmiatis said through their attorney that while they were disappointed in the outcome, they were not surprised.

'Unfortunately, our penal laws and system frequently do not properly punish the acts of so many abusive men in power,' their lawyer Mariann Wang said in a statement.

'Cuomo's conduct was nonetheless unlawful and deeply harmful to the women who were subjected to it, as the Attorney General and Assembly found in their reports.

'My clients remain grateful for those investigations and above all to the other women who had the courage to come forward.

Cuomo and men like him should not be in positions of power.'

Cuomo accusers Alyssa McGrath and Virginia Limmiatis said through their attorney that while they were disappointed in the outcome, they were not surprised

Albany County's district attorney confirmed Tuesday that he will not be prosecuted for  allegedly groping another woman at his executive mansion

McGrath, 33, a former administrative assistant in Cuomo's office and Commisso's ex-colleague, says the governor, 63, ogled her body, called her and her and another co-worker 'mingle mamas' and asked about her lack of a wedding ring, per The New York Times.  

The ex-Cuomo staffer also alleges that the fallen politician once looked down her shirt, quizzed her about her marital status, and told her she was beautiful, using an Italian phrase she had to ask her parents to interpret.

She recalled Cuomo kissing her on the forehead and gripping her firmly around the sides while posing for a photo at a 2019 office Christmas party.  

McGrath didn't say the governor made sexual contact with her, but contends that his behavior was inappropriate and constitutes sexual harassment. 

The Times conducted several interviews with McGrath early last year, in which she described the governor's pattern of flirtatious banter.   

McGrath, 33, a former administrative assistant in Cuomo's office and Commisso's ex-colleague, says the governor, 63, ogled her body, called her and her and another co-worker 'mingle mamas' and asked about her lack of a wedding ring, according to the New York Times

National Grid staffer Limmiatis, meanwhile, asserts that the then-governor touched her chest multiple times during a rope line event in 2017

Limmiatis, meanwhile, a National Grid worker who says Cuomo touched her inappropriately a rope line at a 2017 event, alleges that the then-governor ran his fingers on the lettering that ran across the chest of her shirt and brushed her chest a second time after joking that he had spotted a spider.

Both cases have yet to be resolved. 

As for Commisso's allegations, however, Cuomo could still face civil lawsuits for the alleged interaction, according to Albany County's district attorney office, who announced Tuesday that the case would no longer be pursued due to a technicality.

What's more, the ruling came despite prosecutors' acknowledgement that Commisso, a former Cuomo staffer and current state worker, was 'cooperative and credible.'

It's the fourth time within the past week that allegations against Cuomo have been dropped; Manhattan's district attorney said Monday that is will not file any charges against Cuomo in the nursing home scandal.

Last week, prosecutors in two districts said Cuomo would not face criminal charges after two women, including a state trooper, alleged that he planted unwanted kisses on their cheeks.

Cuomo was due to be arraigned Friday over claims he inappropriately touched Commisso, 33, in November 2020.

Although Commisso reportedly sought to move forward with the case, she was told by prosecutors Monday that the case will be dropped because of the way the complaint was filed.

Cuomo was due to be arraigned on Friday for allegedly groping former staffer and current state worker Brittany Commisso, 33, middle, in November 2020.

McGrath is pictured on the far left. She said through an attorney she was not surprised by the Tuesday ruling

Commisso was the first woman to take her claims against Cuomo to police, who charged him with a Class A misdemeanor of forcible touching over her allegation that he groped her breast in his office in November 2020.

Albany County District Attorney David Soares confirmed Tuesday that the charge will not be prosecuted.

The office's investigation into Cuomo is now complete.

'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 in a press release.

'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.

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.' 

The democratic prosecutor had hinted Monday that the complaint was concerning. 

'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.

Following Soare's announcement, Commisso responded to her case falling through the cracks of the legal system.  

'My disappointing experience of re-victimization with the failure to prosecute a serial sexual abuser, no matter what degree the crime committed, yet again sadly highlights the reason victims are afraid to come forward, especially against people in power,' Commisso wrote in a statement to the Times Union. 

'When will our voices uniformly be accepted?

Where do we go to have our rights vindicated? Unfortunately, this is just another example of where our criminal justice system needs to do better.

'To every victim out there silently suffering from sexual harassment at the hands of a powerful government official, wondering what will happen if you tell the truth, please don't let what has happened to me deter you from speaking up,' she said.

Cuomo, meanwhile, has denied all of the allegations against him.

His lawyer did not respond to a DailyMail.com request for comment.

Commisso (left) is pictured with Cuomo and then-colleague McGrath in this undated photo

Cuomo's attorney Rita Glavin has said that Commisso's 'story changed over time.'

The complaint filed by an investigator in Albany County Sheriff Craig Apple's office said evidence in the case included police BlackBerry messages, cell phone records, building security records and a text message from Cuomo's mobile phone.

Soars criticized Apple for 'unilaterally and inexplicably' filing a complaint before consulting with prosecutors, and said the complaint was 'potentially defective.'   

Apple has contended that although the paperwork was processed quickly, he was confident the case would stick.

A complaint filed by an Albany County sheriff's department investigator said evidence in the case included police BlackBerry messages, cell phone records, building security records and a text message from Cuomo's mobile phone

Police in October filed a misdemeanor groping complaint against Cuomo, but a week later the district attorney asked a judge for more time to evaluate the evidence.

The D.A.

said that the sheriff's one-page criminal complaint, based on Commisso's allegations were 'potentially defective.' 

New York's attorney general's office released a 500-page transcript of Cuomo's deposition last November that contained claims by the former politician that Commisso asked for a raise during the same month of the alleged groping. 

He told investigators that she asked for a raise in November 2020 after filing for divorce from her husband. 

According to him, she begged him for a raise and was 'upset' and fearful that she was going to lose her job because she'd filed for divorce from her local politician husband, and was worried about money. 

Cuomo described Commisso as 'friendly', 'chatty' and 'flirtatious' when she came to work for him during COVID-19, after her department was shut down, but said he also had 'limited contact' with her.

Cuomo claimed during a sworn deposition that Commisso asked for a raise during the same month as the purported groping

Cuomo described Commisso as 'friendly', 'chatty' and 'flirtatious' when she came to work for him during COVID-19 but said he also had 'limited contact' with her

Commisso was the first woman to take her claims against Cuomo to police, who charged him with a Class A misdemeanor of forcible touching over her allegation that he groped her breast in his office in November 2020 

The ex-governor was also let off the hook last week when Westchester District Attorney Mimi Roca said he won't face criminal charges stemming from allegations of unwanted kissing by two women, one of them a state trooper assigned to his detail. 

District Attorney Mimi Rocah said there was 'credible evidence' the claims were valid

'In both instances, my office has determined that, https://integrative-journal.com/files/journals/1/articles/222/submission/original/222-458-2-SM.html although the allegations and witnesses were credible, and the conduct concerning, we cannot pursue criminal charges due to the statutory requirements of the criminal laws of New York,' Rocah said in a statement.

The female state trooper said she felt 'completely violated' by his unwanted touching at an event at Belmont Park racetrack in September 2019.

According to the report, the trooper said Cuomo ran the palm of his left hand across her abdomen, to her belly button and then to her right hip, where she kept her gun, while she held a door open for him as he left an event at Belmont Park on September 23, 2019. 

Last August, New York Attorney General Letitia James released a 168-page report with 74,000 pieces of evidence and dozens of interviews that chronicled accusations from 11 women against Cuomo and led to his resignation from office, although he has attacked the findings as biased and inaccurate.

After James' report was concluded, she said pursuing potential criminal penalties would be up to prosecutors.

The unnamed state trooper assigned to Cuomo's detail was on duty at his home in Mount Kisco and asked the governor if he needed anything before he responded by asking her if he could kiss her, according to James' report.

The trooper said that she feared the ramifications of denying his request, so she said 'sure.'

Cuomo kissed her on the cheek and, as listed in James' report, said something along the lines of 'oh, I'm not supposed to do that' or 'unless that's against the rules.'

Former aide Lindsay Boylan, 36, was the first woman to accuse Cuomo of sexual harassment in a Medium post on February 24.

Charlotte Bennett, 25, came forward a few days later

In a second allegation probed by Rocah's office, a woman claimed that an unprompted Cuomo grabbed her arm, pulled her toward him and kissed her on the cheek to greet her at an event at White Plains High School.

While Rocah said that her office would not pursue criminal charges, she added that their conclusion is not related to 'any possible civil liability' because it is outside of her office's jurisdiction.

Last week, a Long Island prosecutor said Cuomo wouldn't face criminal charges after the same unnamed trooper said she felt 'completely violated' by his unwanted touching at an event at Belmont Park in September 2019.

Acting Nassau County District Attorney Joyce Smith said the allegations were credible and troubling but not criminal under state law. 

Former aide Lindsay Boylan, 36, was the first woman to accuse Cuomo of sexual harassment in a Medium post on February 24.
She claimed that the governor asked her to play strip poker and kissed her on the lips without her permission when she worked for him in 2017. 

Charlotte Bennett, 25, came forward a few days after Boylan and claimed that Cuomo sexually harassed her last June while she was working as a health policy adviser in his administration at the height of the COVID-19 crisis.

Bennett accused Cuomo of 'grooming' her and asking inappropriate questions about her sex life. 

She also claimed that he told her he was open to dating women in their 20s.  

Attorney General Letitia James' report found that Cuomo sexually harassed at least 11 women in violation of federal and state civil rights law but left the possibility of pursuing potential criminal penalties to prosecutors

Anna Ruch was the third woman to accuse Cuomo of sexual harassment and the only one thus far who did not work with him in a professional capacity.

She claimed that Cuomo put his hands on her face and asked if he could kiss her just moments after they met at a September 2019 wedding in Manhattan.

Ana Liss, 35, a former aide, said Cuomo asked her whether she had a boyfriend, once kissed her hand at her desk and called her by patronizing names, including 'blondie,' 'sweetheart' and 'honey.'  

Alyssa McGrath said Cuomo ogled her body, called her and her co-worker 'mingle mamas' and asked about her lack of a wedding ring as well calling her beautiful in Italian

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