ALBANY, N.Y. — The prosecutor investigating a groping allegation against former Governor Andrew Cuomo is asking for more time to review evidence before heading to court.
Albany County District Attorney David Soares said in a letter to Judge Holly Trexler that the criminal complaint filed by the Albany Sheriff's Office on October 28 was "potentially defective." The complaint accused former Governor Andrew Cuomo of committing a misdemeanor sex crime but did not include a sworn deposition from the victim, which is required for such a case.
Soares added that his office had been investigating the matter for several months.
"We were in the middle of that investigation when the Sheriff unilaterally and inexplicably filed a complaint in this court," Soares wrote in the letter. "Unfortunately, the filings in this matter are potentially defective in that the police-officer-complainant failed to include a sworn statement by the victims," as reported by the Associated Press.
A court summons had Cuomo previously scheduled to appear for arraignment on November 17. Soares adjournment was granted by the court, however; moving that date to January 7.
2 On Your Side legal analyst Paul Cambria said while this sort of turmoil is unusual, especially in such a high-profile case it can happen.
"It sounds like somebody you know has an ax to grind and jumped the gun," said Cambria.
Last week, Albany County Sheriff Craig Apple denied any sort of suggestion that his office acted out of order and stood by the quote, "overwhelming amount of evidence" against the former Governor.
Cambria said as long as an affidavit is obtained willingly from the alleged victim the merits of the case shouldn't change.
"If the person who is making the accusation is credible and believable and a jury believes that beyond a reasonable doubt then he'll be convicted," Cambria said. "On the other hand if there is any sort of indication that you know some sheriff is trying to push the agenda and the woman isn't really behind it then the jurors will find that out as well."
A jury trial is not guaranteed but Cambria added that the same factors could play a role in a bench trial.
Cuomo's alleged victim has publicly accused the former Governor of forcibly touching her at the Executive Mansion in December 2020. Her name however is redacted in the complaint as is standard for any sex crime.