Cuomo accuser says decision to drop case against governor re-victimized her, shows why victims stay silent



The woman who accused former New York Gov. Andrew Cuomo (D) of sexually abusing her in the executive mansion blasted the decision on Tuesday by a prosecutor to drop the case, saying such inaction is why victims of sexual harassment stay silent.

Brittany Commisso, who served as an executive assistant to Cuomo before he resigned, gave a statement to the Times Union of Albany criticizing Albany County District Attorney David Soares' office for declining to prosecute Cuomo on a misdemeanor charge of forcible touching.

“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 said. “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.”

Commisso alleged that in December 2020, during an encounter with the governor in his private office, he reached under her blouse and groped her breast. She also accused the governor of engaging in a pattern of "sexually aggressive" behavior and workplace harassment leading up to that incident.

Investigations by the Albany County sheriff's office, the state attorney general's office, and the state Assembly's Judiciary Committee each concluded that Commisso's allegations were credible and that electronic records and other evidence confirmed she had visited the governor's office when she said the incident happened, the TImes Union reported. But Soares said in a statement that he could not prove "beyond a reasonable doubt" in court that Cuomo committed a crime.

"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. "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."

Soares asked a judge to dismiss the charges against Cuomo.

Cuomo has repeatedly denied allegations of sexual abuse and did not comment on the prosecutor's decision.

The governor also faced allegations of mishandling COVID-19 deaths in nursing homes, but a probe by the Manhattan district attorney's office concluded that Cuomo did not violate the law and prosecutors declined to press charges.

Commisso appealed to other victims of sexual harassment, asking that they don't let this incident deter them from reporting their abusers.

"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.

NY State Assembly report details extensive wrongdoing by ex-Gov Andrew Cuomo, says he was 'not fully transparent regarding the number of nursing home residents who died as a result of COVID-19'



An investigation into former Gov. Andrew Cuomo by the New York State Assembly Judiciary Committee found that there is "overwhelming evidence that the former governor engaged in sexual harassment."

The Judiciary Committee released a report Monday that detailed the findings of its probe into the sexual harassment case brought against Cuomo, as well as COVID-19 nursing home deaths, ethics concerns regarding the publication of his book, and allegations that he covered up safety concerns at Gov. Mario M. Cuomo Bridge.

More than 600,000 pages of documents, including photographs, text messages, emails, and more were reviewed by the investigators, the Judiciary Committee said. More than 200 people were contacted for interviews and/or deposition materials.

The investigators found that Cuomo "engaged in multiple instances of sexual harassment, including by creating a hostile work environment and engaging in sexual misconduct."

Cuomo also "utilized state resources and property, including work by Executive Chamber staff, to write, publish, and promote his book regarding his handling of the COVID-19 crisis — a project for which he was guaranteed at least $5.2 million in personal profit; and at the same time."

Additionally, the report concluded Cuomo was "not fully transparent regarding the number of nursing home residents who died as a result of COVID-19."

The Committee report confirms reporting that Cuomo ordered state Department of Health officials to prepare a report combatting criticism of his March 25 executive order to place COVID-19 patients in nursing homes. Investigators also found that Cuomo personally reviewed and edited the draft report multiple times and used misleading data to strengthen its defense of his actions.

NEW: The NY Assembly Judiciary Committee has released its report on former Gov. Andrew Cuomo.\n\nIts conclusions:pic.twitter.com/lpwq4KUSUU
— Jon Campbell (@Jon Campbell) 1637590525

"As noted, we are mindful of the ongoing law enforcement interests into several of the matters covered in this report. We have prepared this report with those interests in mind and we are cooperating with any such investigations," the investigators wrote.

They also noted that Cuomo and his lawyers "refus[ed] to comply in any meaningful way with the Committee's requests and subpoenas, despite public pledges of his cooperation on numerous occasions."

The report was completed by lawyers from Davis Polk & Wardwell, LLP, who were contracted by the Assembly to investigate the multiple corruption allegations made against the Democratic governor as part of an impeachment probe ordered in March 2021 by Assembly Speaker Carl Heastie (D-Bronx).

"The former governor's conduct – as shown in this report – is extremely disturbing and is indicative of someone who is not fit for office," said Judiciary Committee Chairman Charles Lavine (D-Glen Cove). "I hope this report helps New Yorkers further understand the seriousness of the allegations that have been made and serves to guide us to a more ethical and responsible government. New Yorkers deserve no less."

Though he denied all accusations of wrongdoing, Cuomo resigned from office in August amid calls for his impeachment after an independent investigation by NY Attorney General Letitia James' office concluded he sexually harassed several women and created a hostile work environment. The governor's resignation prompted state lawmakers to suspend impeachment proceedings against him, though the Assembly promised to release a report detailing its findings.

In October, the Albany County sheriff's office filed a criminal charge against Cuomo stemming from an allegation in the attorney general's report that he groped former aide Britany Commisso at the executive mansion in 2019.