NY Gov Cuomo Summoned to Court Nov 17 to Face Misdemeanor Sex Charge

In a surprise move that critics charge has political overtones, former New York Gov. Andrew Cuomo has been ordered to appear in an Albany, NY courtroom on  Nov. 17  to face charges on a misdemeanor sex crime relating to an allegation that he “forcibly” touched a staff member.

The charge, a Class A misdemeanor, carries a maximum sentence of one year in jail, reports The City.

In August, Cuomo resigned as governor—one of the country’s most powerful elected posts—after multiple allegations of sex harassment.

The last New York governor to leave office in disgrace was Eliot Spitzer, who resigned in March, 2008 after reports that he patronized a prostitution ring. Spitzer did not face any charges in connection with the allegations.

Since the 1990s, 11 U.S. governors have been convicted of  criminal charges, mostly in connection with corruption allegations.

The news of the Cuomo summons apparently came as a surprise to Albany County district attorney, David Soares, which would handle any prosecution and was involved in the investigation. Soares issued a statement saying his office had been caught off guard by the filing, while the woman’s attorney said she hadn’t been given a chance to decide whether she wanted to go through with a case, reports the Associated Press

The charge against the 63-year-old Democrat comes two months after he resigned in disgrace following a string of sexual harassment accusations by several women who worked with and in his office that were detailed in a bombshell report overseen by Attorney General Letitia James’ office.

The complaint states that on Dec. 7, 2020, the three-term governor “intentionally, and for no legitimate purpose forcibly placed his hand under the blouse shirt of the victim,” whose name was redacted in the complaint, “and onto her intimate body part.”

“Specifically, the victim’s left breast for the purposes of degrading and gratifying his sexual desires,” the complaint says.

Wendy Murphy, an adjunct professor of sexual violence law at New England Law|Boston and former sex crimes prosecutor, said it’s highly unlikely that Cuomo face any jail time over the misdemeanor charge, noting that similar cases typically get reduced to a lesser charge as part of an agreement and result in probation or a requirement to enter a treatment program.

The former governor, Murphy said, is “not above the law and he’s not below it. He’s in a position of power and trust. The court does take that into account and could impose a tougher sentence than what an ordinary person might get.”

But the misdemeanor charge combined with Cuomo’s likely lack of criminal record “bodes well for him in terms of avoiding any serious punishment,” she added.

The statement suggested it was court officials, not prosecutors or a law enforcement agency, that made the decision to issue the summons.

It said sheriff’s investigators had determined there was “probable cause” to present evidence to the court “for their review to determine the most appropriate legal pathway moving forward on the investigation.”

The complaint filed by the sheriff’s department investigator said evidence in the case included police BlackBerry messages, cell phone records, building security records, Cuomo’s flight records and a text message from his mobile phone.

The City reports that Rita Glavin, Cuomo’s attorney, denied the accusations and charged that the complaint by the Albany Sheriff was politically motivated. Attorney General Letitia James has also been accused by Cuomo and his lawyers of using the investigation for political gain.