A district lawyer shut down the final of 5 legal circumstances in opposition to Andrew Cuomo.
AP Picture/Mary Altaffer
ALBANY — An upstate district lawyer’s workplace is dropping its legal investigation of sexual harassment allegations in opposition to Andrew Cuomo — shutting down the final of 5 legal circumstances involving the disgraced ex-governor.
However Oswego DA Gregory Oakes instructed The Publish on Monday that whereas there’s not “adequate authorized foundation” to carry expenses based mostly on allegations of undesirable bodily contact by accuser Virginia Limmiatis, “this determination just isn't an exoneration.”
“After a radical evaluate of the obtainable proof and relevant regulation, the Oswego County District Lawyer’s Workplace has concluded that there's not a adequate authorized foundation to carry legal expenses in opposition to former Governor Andrew Cuomo based mostly upon the allegations of undesirable bodily contact made by Virginia Limmiatis,” Oakes stated in an announcement Monday.
“To be clear, this determination relies solely upon an evaluation of the regulation and whether or not the Folks can set up a legally adequate case below controlling precedent. By no means ought to this determination be interpreted as casting doubt upon the character or credibility of Ms. Limmiatis, or how dangerous the acts she skilled have been,” he added.
Oakes instructed The Publish in a cellphone interview that he’s labored particular victims circumstances for 20 years and believes Limmiatis’ description of occasions.
“By no means ought to this be a optimistic reflection on Andrew Cuomo. This determination just isn't an exoneration,” he stated.
Limmiatis, 55, an worker of Nationwide Grid in Syracuse, accused Cuomo of touching her chest throughout a conservation occasion in Oswego County in Could 2017.
She got here ahead after listening to the governor’s remarks in March that he had by no means “touched anybody inappropriately,” in keeping with a report launched within the 168-page bombshell Aug. 3 by state Lawyer Basic Letitia James.
“Cuomo not solely touched my chest inappropriately, however whispered in my ear afterwards to make up a patently ridiculous excuse to cowl up his conduct,” Limmiatis instructed The Publish in an announcement Monday in response to the DA dropping legal expenses.
“I instantly spoke to a number of individuals about what Cuomo had accomplished to me, exactly as a result of I used to be so disturbed and upset by it. On the similar time, I didn't report him publicly, as a result of he was the Governor, and I used to be petrified of him,” she stated.
The closing of the Oswego case follows the lead of comparable investigations opened by the district lawyer’s workplaces in Nassau, Westchester,Albany and Manhattan after James launched the findings of her civil investigation that acknowledged Cuomo broke “a number of state and federal legal guidelines.”
Oakes stated “it will be inconceivable to ascertain the entire crucial parts to show this past an inexpensive doubt” — echoing Albany County DA David Soares’ reasoning for declining to prosecute the misdemeanor legal expenses filed by Brittany Commisso in opposition to Cuomo, who alleged the ex-pol grabbed her breasts through the work day within the Govt Mansion in Dec. 2020.
“After watching her prior testimony and speaking along with her, I discovered her to be dependable and affordable, seemingly motivated solely by an earnest need to do the appropriate factor, and she or he was plainly upset by her interplay with then-Governor Cuomo as she expressed instantly to family and friends,” stated Oakes.
“Realizing that the then-Governor would use his bully pulpit to disclaim the allegations and maybe try and discredit her, she however stepped ahead to inform her reality through the Lawyer Basic’s investigation. She has additional made herself obtainable to my workplace. I commend her bravery and respect her braveness.”
Soares equally discovered Commisso “cooperative and credible” however “after evaluate of all of the obtainable proof we've concluded that we can't meet our burden at trial.”
Cuomo spokesman Wealthy Azzopardi reiterated his previous criticisms of James’ report, blasting her political aspirations to run for governor as a motivation for the probe and included images of the ex-Gov and Limmiatis interacting through the 2017 occasion.
“Enclosed one can find the images of what the Oswego District Lawyer has been ‘investigating’ for months — demonstrating what a farce this has been from the start,” stated Azzopardi, who included two images of Cuomo and Limmiatis.
“As now 5 DAs have verified, not one of the accusations in Tish James’ fraud of a report have stood as much as any stage of actual scrutiny. This has all the time been a political hit job to additional the Lawyer Basic’s personal ambitions, which each reeks of prosecutorial misconduct and has wasted hundreds of thousands of taxpayer dollars. As we’ve stated for the reason that starting, the reality will come out,” he added.
Cuomo’s private lawyer Rita Glavin claimed the AG’s report “hid” these images from the general public, arguing they “indisputably confirmed that Governor Cuomo didn't act improperly.”
James’ report does embody a footnote confirming the Govt Chamber supplied the images and observe up interviews with investigators have been carried out with Limmiatis after she testified below oath on June 9, 2021.
“Ms. Limmiatis recognized the pictures as nearly actually being from the Could 24, 2017 occasion, and defined that it was tough for her to even evaluate the pictures as a result of they introduced a flood of detrimental feelings concerning the incident, together with disgrace,” reads the report description.
The report additionally provides in a footnote that investigators interviewed Attendee #1, “who recounted the occasions in a fashion constant not solely along with his declaration, but in addition with Ms. Limmiatis’ testimony.”
“We additionally interviewed the 2 further attendees Ms. Limmiatis testified she had spoken to on the occasion. Each attendees corroborated Ms. Limmiatis’ testimony. Nonetheless, in contrast to Attendee #1, these two attendees didn't recall Ms. Limmiatis being outwardly upset on the occasion,” stated the report.
“Not each violation of regulation ends in a legal prosecution. This determination doesn't imply Cuomo acted appropriately or lawfully in direction of Ms. Limmiatis or any of the opposite girls who got here ahead, or that he didn’t trigger them important hurt,” stated Mariann Wang, lawyer for Limmiatis in an announcement.
A spokesperson for James defended the report, arguing Cuomo and Glavin “proceed to conveniently omit the truth that the previous governor himself requested the lawyer basic’s workplace to conduct this investigation and have made up or misstated data to suit their very own narrative of occasions.”
“The findings of this impartial investigation have been corroborated by a mountain of proof, the Meeting’s report, and a number of District Attorneys, together with the Oswego DA right this moment, who've stated that these girls and their allegations of sexual harassment by the previous governor are ‘credible.’ Mr. Cuomo’s relentless assaults on these courageous girls is not going to masks the reality — he's a serial sexual harasser,” the rep instructed The Publish.
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