DA Says Cuomo Won’t Face Criminal Charges Despite ‘Credible Evidence’ Sexual Misconduct ‘Did Occur’

Andrew Cuomo stepped down as New York governor following sexual harassment allegations made by 11 women, including nine current and former state employees. Cuomo, however, has dismissed all accusations, insisting that the attacks against him are politically motivated.

Westchester County District Attorney Mimi Rocah said Tuesday she would not file criminal charges against former New York Gov. Andrew Cuomo despite “credible evidence“ that the alleged misconduct on his part “did occur.“

“Our investigation found credible evidence to conclude that the alleged conduct in both instances described above did occur,” Rocah said in a statement. “However, in both instances, my Office has determined that, 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.”

“This conclusion is unrelated to any possible civil liability which is beyond the scope of a District Attorney’s jurisdiction, which focuses solely on criminal laws,” she added.

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— DA Mimi Rocah (@WestchesterDA) December 28, 2021

There are no legal grounds to prosecute former New York governor Andrew Cuomo for his sexual misconduct, according to Nassau County District Attorney Joyce Smith, who earlier investigated an incident of harassment that reportedly occurred during a race at Belmont Racetrack in September 2019.

As he told ABC News on Tuesday, the allegations from Cuomo’s alleged victims are “credible, deeply troubling, but not criminal under New York law.”

“It is important to note that our investigation was limited to alleged conduct at Belmont Racetrack, and prosecutors in other jurisdictions continue to review other allegations of misconduct by Mr. Cuomo,” Smith’s statement read, according to WCBS. “We thank the brave individuals who came forward and cooperated with our office during this investigation.”

One of Cuomo’s accusers, referred to in official documents as “Trooper #1,” said earlier to investigators that the ex-governor ran his hand across her abdomen, from her belly button to her right hip, while she was holding a door open for him. The incident made her feel “completely violated.”

The trooper, who beginning in 2017 worked in the Protective Services Unit (PSU) of the New York State Police, which is “in charge of protecting the Governor,” said it wasn’t the only unwanted encounter.

The behavior of Cuomo allegedly ranged from him “running his finger down her back, from the top of her neck down her spine to the middle of her back, saying ‘hey, you,’ while she was standing in front of him in an elevator,” to “kissing her (and only her) on the cheek in front of another Trooper and asking to kiss her on another occasion, which she deflected.”

The woman told the investigators that she didn’t dare to “make waves,” purportedly expressing feelings similar to the former governor’s other accusers.

“I’m a trooper, newly assigned to the travel team. Do I want to make waves? No,” she said, according to the investigation report. “I’ve heard horror stories about people getting kicked off the detail or transferred over like little things. ... I had no plans to report it.”

New York Attorney General Letitia James initiated an investigation against the embattled governor in March earlier this year after several women, many of them from his office, accused Cuomo of sexual misconduct and inappropriate behaviour.

James revealed the findings of the probe into Cuomo’s sexual scandal in August, stating that the then-governor violated the law by “sexually harassing multiple women — including former and current state employees — by engaging in unwanted groping, kissing, and hugging, and making inappropriate comments.”

Cuomo, following calls for his resignation from many members of the state legislature and other officials, resigned in August, but denied the accusations.