Summons charges Cuomo with forcible touching

[George II]

Last edited Thu Oct 28, 2021, 08:11 PM - Edit history (2)

Source: Times Union

Sources: Document alleging misdemeanor was filed prematurely

ALBANY — A summons charging former Gov. Andrew M. Cuomo with misdemeanor forcible touching was prematurely issued on Thursday after a sheriff's investigator filed paperwork with the court summarizing their investigation and seeking to begin the process of obtaining a criminal complaint.

No final decision had been made by the sheriff's department or the Albany County district attorney's office on whether to formally file charges, according to sources familiar with the matter. But a spokesman for the state Office of Court Administration confirmed that a misdemeanor complaint against Cuomo was filed Thursday in Albany City Court.

The summons, which has not been served on the former governor, directs Cuomo to appear in City Court on Nov. 17. A law enforcement source said the sheriff's department did not expect the summons to be issued on Thursday — or to be made public.

The summons was issued without the consent of the alleged victim, Brittany Commisso, or her attorney, Brian D. Premo, according to sources familiar with the matter. Commisso, an Executive Chamber employee, has been cooperating with investigators and was planning to move forward with the criminal complaint, according to law enforcement sources.





Read more: https://www.timesunion.com/state/article/Criminal-summons-Cuomo-16572344.php

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Edit: The Albany Times Union has updated it's report as of 4:48 PM, now calling the issuance "premature" (although retaining the original headline)

Edit 2: The headline and link have been updated again, but the initial article text is the same.

The excerpt above reflects the update and adding:

The PDF of the summons is in the article.

[BumRushDaShow]

1. WaPo just did a breaking on it

Former New York governor Andrew M. Cuomo charged with a misdemeanor complaint for sex-crime-related offense, court says

By Felicia Sonmez and Josh Dawsey

Today at 4:04 p.m. EDT

Former New York governor Andrew M. Cuomo has been charged with a misdemeanor complaint for a sex-crime-related offense. A spokesman for the New York courts said Thursday that the complaint was filed in Albany City Court.
2021 Election: Complete coverage and analysis

Cuomo (D) resigned in August in the face of a likely impeachment by the New York Assembly after a state investigation found that he sexually harassed 11 women and oversaw an unlawful attempt to exact retribution against one of his accusers.

“A Misdemeanor Complaint against former Governor Andrew Cuomo has been filed in Albany City Court,” state courts spokesman Lucian Chalfen said in a statement. “As this is a sex crime, a redacted complaint will be available shortly.”

A Cuomo spokesman did not immediately comment on the news.

https://www.washingtonpost.com/politics/former-new-york-governor-andrew-m-cuomo-charged-with-a-misdemeanor-complaint-for-sex-crime-related-offense-court-says/2021/10/28/3556aa3a-3828-11ec-91dc-551d44733e2d_story.html

[George II]

4. I don't know, I guess we'll have to see what's going on in a few hours. I see now that....

CNBC and NBC have reported this, but MSNBC hasn't mentioned it yet.

Times Union updated their story as of 6 minutes ago, calling the complaint "premature" and stating this:

No final decision had been made by the sheriff's department or the Albany County district attorney's office on whether to formally file charges, according to sources familiar with the matter. But a spokesman for the state Office of Court Administration confirmed that a misdemeanor complaint against Cuomo was filed Thursday in Albany City Court.

[BumRushDaShow]

5. NYT also did a breaking but mentioned the "confusion"

and referenced the Times-Union article.

[Budi]

2. Whooo! That's some dirty backstabbing ratfuckery.

Created a dirty narrative out of thin air even, and shoved it to the Media cannabals to gnaw on like fresh kill. Just in time, no less.

Who is behind this one?
Names better be forced out to the open if its ever going to be stopped.

This kind of bullshit has a point of origin.
Shove their names & faces to the front page.
Headline them.

[BumRushDaShow]

3. NYT now doing their breaking (but they are referencing the Times-Union article too)

Sexual Misconduct Complaint Is Filed Against Andrew Cuomo


By Luis Ferré-Sadurní and Jonah E. Bromwich
Oct. 28, 2021, 4:33 p.m. ET

A complaint for forcible touching has been filed against former Gov. Andrew M. Cuomo in Albany City Court, a spokesman for New York State’s court system said on Thursday. “A misdemeanor complaint was filed in Albany City Court against the former governor this afternoon,” said the spokesman, Lucian Chalfen.

The complaint came more than two months after Brittany Commisso, a former aide to Mr. Cuomo, filed a criminal complaint against him with the Albany County sheriff’s office. She accused him of groping her breast while they were alone in his residence late last year. There was some confusion on Thursday afternoon surrounding the complaint.

The Times Union of Albany reported that the complaint was filed erroneously and that neither Ms. Commisso nor her lawyer were aware of it. The report said that neither the sheriff’s office nor the Albany district attorney’s office had reached a decision whether to file charges against Mr. Cuomo.

A spokeswoman for the sheriff’s office would not confirm that the complaint had been filed erroneously, or answer any questions about it. A spokeswoman for the Albany district attorney office did not immediately reply to a request for comment.


https://www.nytimes.com/2021/10/28/nyregion/cuomo-forcible-touching-complaint.html

[cstanleytech]

6. Sexual Misconduct? That does not sound like it is something that warrants criminal charges.

Now Sexual Assault on the other hand would warrant criminal charges.

[BumRushDaShow]

7. Apparently there is some NY state statue that references "forcible touching"

From the update NYT article -

(snip)

Forcible touching is a misdemeanor that carries a penalty of up to one year in prison; it is not an unusual charge, and it is typically brought in cases in which prosecutors are unable to prove that touching was done for sexual purposes.

To prove it, prosecutors must show that the defendant acted either to degrade his victim, or for his own sexual gratification. Prosecutors would have to prove several elements of the crime, including that Mr. Cuomo’s touching of Ms. Commisso was not accidental, but carried out intentionally and with force.

(snip)

https://www.nytimes.com/2021/10/28/nyregion/cuomo-forcible-touching-complaint.html

[cstanleytech]

8. Interesting to learn, thanks. nt

[rpannier]

9. That is interesting

I have learned something
Thanks

[Sgent]

10. NY Times Article

says the Sherriff never consulted with the DA's office before filing the complaint. Very weird because the DA could dismiss it tomorrow.

https://www.nytimes.com/2021/10/28/nyregion/cuomo-forcible-touching-complaint.html