Sheriff discusses criminal complaint against Andrew Cuomo: "We have a solid case"

The sheriff who filed a criminal complaint accusing Andrew Cuomo of forcibly touching a woman said he expects Albany's district attorney to prosecute the former governor, saying investigators have an "overwhelming amount of evidence" and have built a "solid case" against him. 

In a Friday news conference, Sheriff Craig Apple of Albany County said his office has conducted a "very comprehensive and methodical investigation," reviewed "hundreds if not thousands" of documents, executed several search warrants, and conducted interviews with numerous witnesses.

The criminal complaint focuses on an alleged incident inside the executive mansion on December 7, 2020. The document accuses Cuomo of "intentionally and for no legitimate purpose, forcibly" placing "his hand under the blouse shirt of the victim and onto her intimate body part. Specifically, the victim's left breast for the purposes of degrading and gratifying his sexual desires."

Cuomo is scheduled to be arraigned on the misdemeanor charge on November 17. The former governor will be processed at the police headquarters in downtown Albany, and will most likely be released.

Cuomo, who resigned in August after several allegations were made against him, has repeatedly denied accusations of sexual harassment. In a statement Thursday, his attorney Rita Glavin reiterated that denial, writing that "Governor Cuomo has never assaulted anyone." 

The sheriff also attempted to clear up confusion surrounding initial media reports about the complaint. Apple said he was caught off guard because the complaint was made public just minutes after his office sent the complaint to the city court for review and didn't expect such a quick turnaround. 

The sheriff had scheduled a call with Albany's district attorney, David Soares, to inform him of the charges before the information went public — but a criminal summons was issued and made public much earlier than anticipated, which Apple called "improper."

"Sometimes things don't go how you want them," Apple conceded.

The sheriff did have the chance to speak with the district attorney on Thursday and said he is "very confident" the attorney's office will decide to prosecute Cuomo.  

"If we consulted with the D.A. on every single misdemeanor case there would be no justice in this county," Apple explained. "Again, would I have liked to? Absolutely. But I couldn't, everything moved too fast. So again, sometimes it doesn't end up how you want it to, but needless to say, as far as the case goes, it has no effect on the case — the case is a solid case. Our victim is cooperative, and we're moving forward."

"This person wanted to seek justice and has been with us every step of the way," Apple said. "This has got to be very traumatic for her."

The sheriff said he is unaware if the district attorney plans to file additional charges against Cuomo. In August, Soares acknowledged his office was conducting an investigation in the wake of New York Attorney General Letitia James' independent review into Cuomo's alleged misconduct, which concluded that he had sexually harassed multiple women and violated federal and state law.

While the victim at the center of the complaint remains unnamed, the charges appear to stem from allegations made by Cuomo's former aide, Brittany Commisso, who claimed the governor groped her in December 2019 and again in November 2020. 

Cuomo refuted her claims, saying his family and staffers were inside the mansion with them at the time. In an interview with "CBS Mornings," Commisso called his denial "disgusting."

"I know the truth. He knows the truth. I know what happened and so does he," she said. "I don't believe that there were 10 staff there that day. I don't believe his family was there that day. And if that's what he has to say to make himself feel better, I really, I feel sorry for him."