Cuomo Sex-Crime Charge May Be ‘Defective,’ D.A. Says
The New York Times
A judge granted the Albany County district attorney’s request for an adjournment, after prosecutors cited potentially “exculpatory” mistakes in the investigation.
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.”
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