Westchester DA Rocah Will Not File Criminal Charges Against Former Gov. Andrew Cuomo

former NY Governor Andrew Cuomo will not be facing additional criminal charges from Westchester DA Mimi Rocah’s office

Westchester District Attorney Mimi Rocah issued the following statement on Dec. 28 concerning her offices investigation into allegations of sexual harassment made against former NY Governor Andrew Cuomo.

“The Westchester County District Attorney’s Office conducted a thorough investigation into allegations reported by two women against former Governor Andrew Cuomo. Specifically, the alleged conduct, of which we are aware, that occurred in Westchester County is as follows: 
 
1- A woman, identified as Trooper 1 in the Attorney General’s Report, alleged that, when Cuomo was the Governor and Trooper 1 was a member of his detail and on duty at his home in Mount Kisco, she asked the Governor if he needed anything and he responded by asking her if he could kiss her. She further indicated that she was concerned about the ramifications of denying the Governor’s request and so she said “sure.” The Governor then kissed her on the cheek and, as indicated in the Attorney General’s report, “said something to the effect of, ‘oh, I’m not supposed to do that’ or ‘unless that’s against the rules.’” 

 
2- A second woman has alleged (publicly and to our investigators) that Cuomo grabbed her arm, pulled her toward him and kissed her on the cheek without seeking permission for such a greeting while the two were at an event at White Plains High School.  
 

Our investigation found credible evidence to conclude that the alleged conduct in both instances described above did occur. However, 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. This conclusion is unrelated to any possible civil liability which is beyond the scope of a District Attorney’s jurisdiction, which focuses solely on criminal laws. 

We continue to recognize the bravery of the women and witnesses who have cooperated with law enforcement and we remain committed to supporting them and all survivors. As in all cases of alleged misconduct, my Office will investigate such claims irrespective of the position or status of the accusers or the accused. We thank the Attorney General, the State Assembly and our sister DA Offices for their collaboration and cooperation,” end of statement.