Westchester County District Attorney Mimi Rocah said Tuesday that her office will not charge former Gov. Andrew Cuomo in connection to sexual harassment allegations brought by two women, The Associated Press reports.
Amid a slew of sexual harassment and misconduct allegations, two women, including a state trooper, accused Cuomo of kissing them without consent in Westchester County.
“In both instances, my office has determined that, although the allegations and witnesses were credible, and the conduct concerning, we cannot pursue criminal charges due to the statutory requirements of the criminal laws of New York,” Rocah said in a statement.
Cuomo has not commented on the statement. He previously denied any misconduct and said he did not recall touching the state trooper.
The DA said that the trooper told investigators that Cuomo asked her whether he could kiss her while she was deployed to his security detail at his Mount Kisco home in 2019.
“I remember just freezing, being — in the back of my head, I’m like, ‘Oh, how do I say no politely?’ Because in my head, if I said no, he’s going to take it out on the detail. And now I’m on the bad list,” she told investigators.
She told him “sure.” She said he kissed her on the check and said something along the lines of “I’m not supposed to do that.”
A male colleague who witnessed the incident corroborated her claim.
Another woman accused Cuomo of grabbing her by the arm and pulling her toward him before giving her a kiss on the cheek at a 2018 press conference.
“I smiled nervously afterward. I had to endure comments from people in attendance,” Susan Iannucci told reporters in August.
Her attorney told the AP that they learned that criminal charges in the case were not possible but were gratified that her allegations were investigated.
“We thank the district attorney’s office for their serious consideration of this matter,” the attorney said.
The Albany County sheriff’s office in October filed a misdemeanor groping complaint against Cuomo but the county’s district attorney asked a judge for more time to evaluate the evidence.
The DA said that the sheriff’s criminal complaint, which is based on an allegation from a woman who said Cuomo groped her under her blouse at his mansion in 2020, was “potentially defective.”
A court delayed Cuomo’s scheduled arraignment until January 7.
Last week, a Long Island prosecutor said Cuomo would not face charges after the same state trooper alleged that he made her feel “completely violated” by touching her at an event in Belmont Park. The DA said the allegations were credible but not criminal under state law.