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Judge postpones Cuomo charge after prosecutor expresses concern over charge of violent touch

By Steve Bittenbender (The Center Square)

A judge in Albany, New York, on Friday dismissed former governor Andrew Cuomo’s court case after the prosecutor expressed concern about the charge that led to the charge of violent touch.

Cuomo was due to stand trial on November 17 for the sexual offense, but court records now show that it will take place on January 7.

The New York Times reported Friday that Albany County District Attorney David Soares had filed a letter to Judge Holly Trexler alleging that the complaint filed by the Albany County Sheriff’s office last week was flawed. This filing took place without Soares’ knowledge.

Among the issues Soares noted with the complaint was the lack of an affidavit from Brittany Commisso, the alleged victim. Commisso served as an executive assistant to Cuomo and was one of 11 women whose allegations of harassment and inappropriate touching were documented in an independent investigation under the supervision of Letitia James’s state attorney general.

That report led to the Albany County Sheriff’s Office investigation into Commisso’s allegations, as she claimed she was touched in the Executive Mansion.

Reports that Cuomo was charged broke on October 28th. James announced her decision to run for governor the next day, although she later told reporters the timing was purely coincidental.

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While the investigation eventually led to Cuomo’s resignation from office, he vehemently denied the allegations in the report, even after retiring.

Following the announcement that charges had been filed, Cuomo’s team took offense and noticed the difference between the charges filed by the sheriff’s office and the allegations listed in the independent report. Most important was the other date for the incident. The sheriff’s report listed the alleged touch took place on December 7, 2020, while the independent investigation said it took place on November 16, 2020.

In a statement issued last weekend, “Span Cuomo” said the then governor was on a flight that day. In addition, Albany County Sheriff Craig Apple must have realized the “absurdity” of the alleged date, as it was two days after Lindsay Boylan, a former Cuomo assistant who was the first to accuse the then governor, of her initial made claims.

The statement alleges Apple and James collaborated and abused their offices.

“It contradicts logic and credibility that the governor – who in more than 30 years of public service has never been accused of touching – me. Commisso would have been violently touched under any circumstances, but to now suggest that he did so two days after Boylan started making. “Public allegations are far from absurd,” the statement said.

Messages to Soares, Apple and James were not immediately returned late Friday afternoon.

Syndicated with permission from The Center Square.

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