Cuomo Sex-Crime Charge May Be 'Defective,' D.A. Says

[BumRushDaShow]

Source: New York Times

The sex-crime case against former Gov. Andrew M. Cuomo was thrown into doubt on Friday after the Albany County district attorney wrote an extraordinary letter to the court in which he characterized a criminal complaint as “potentially defective” because it did not include a sworn statement by the victim that would allow a prosecution to proceed.

In a letter to an Albany, N.Y., judge, the district attorney, David Soares, took issue with the Albany County sheriff for “unilaterally and inexplicably” filing the complaint last week without the knowledge of Mr. Soares, whose own investigation was still active. Mr. Soares noted several potential problems with the sheriff’s filing, saying that the failure to include a sworn statement from the alleged victim, Brittany Commisso, was hindering the district attorney’s office’s ability to “proceed with a prosecution on these papers.”

Portions of Ms. Commisso’s testimony were also excluded, and Mr. Soares asserted that one part of the complaint misstated the relevant law. Mr. Soares described portions of Ms. Commisso’s testimony that were not included in the complaint as “exculpatory,” meaning that the evidence could be favorable to Mr. Cuomo. Experts cautioned that could mean something as narrow as a statement being inconsistent.

Mr. Soares, a Democrat, asked the judge, Holly Trexler of Albany City Court, to delay Mr. Cuomo’s arraignment, which had been scheduled for Nov. 17, for 60 days “to reduce the risk of a procedural dismissal of this case” and to give the district attorney “time to continue with our independent and unbiased review of the facts in this case.”On Friday, Judge Trexler approved Mr. Soares’s request and postponed Mr. Cuomo’s arraignment until Jan. 7.

Read more: https://www.nytimes.com/2021/11/05/nyregion/andrew-cuomo-da-charges.html

[marble falls]

1. I wonder what a ''Defective" costs.

[BumRushDaShow]

2. This may end up being delayed

even beyond January 7th at this point.

[3Hotdogs]

9. Defectives in my town make over $100k.

Patrol cops start at $70.

[Escurumbele]

3. How fast republicans work, Cuomo is on the verge of being indicted for doubtful motives

and there is TFG, Bannon, and his gang of thieves still running around creating havoc.

Why can't Democrats have guts? Yes, they need to play by the rules, but they need to move the rules like republicans do to get republicans out of the way, out of office, to show the World how devious and criminal the GOP is...playing nice won't do against criminals. Imagine if the police was nice to criminals shooting at them...Yes, I understand that using police as an example may not be politically correct, but I am just imagining good police.

[BumRushDaShow]

5. Remember that Cuomo's thing is for state charges

Bannon is sortof "stateless" and it's a matter of getting federal charges that don't end up jammed up in court due to counter suits that result in stays and delays and whatnot (which has been the case for the past 4 years already).

[Joinfortmill]

8. Yup, a little toughness would do the Dems some good right now.

[LiberalFighter]

4. County sheriffs tend to be stupid.

[madville]

11. Or he is purposely muddying the waters

In an effort to poison the D.A.’s investigation and benefit Cuomo?

[Alexander Of Assyria]

7. First year lawyer armed with fresh license would have this complaint dismissed...

What was the sheriff thinking…filing a major criminal complaint with an unsworn statement…doctored to boot to remove exculpatory parts…??

Isn’t that itself criminal?

[Kid Berwyn]

10. Does that mean he can run for President now?

Rhetorical question.