(PatriotWise.com)- Former New York Governor Andrew Cuomo won’t be headed to trial. At the request of prosecutors, a judge in Albany dismissed the misdemeanor charge of forcible touching against the handsy Cuomo during a brief court hearing last week.
Albany City Judge Holly Trexler’s decision comes after Albany County District Attorney David Soares’ January 4 announcement that he would not prosecute Cuomo for allegedly grabbing the breast of his former aide Bethany Commisso.
During last Friday’s hearing before Judge Trexler, Assistant District Attorney Jennifer McCanney admitted that after reviewing the evidence, the DA’s office has concluded they would not be able to secure a conviction.
Cuomo was initially charged in October based on a complaint filed by Albany County Sheriff Craig Apple.
Judge Trexler said she granted the District Attorney’s motion to dismiss because she was “acutely aware” that DAs have “unfettered discretion” when determining whom to prosecute. She said higher courts have “consistently” ruled that judges can’t interfere with that prosecutorial discretion.
Trexler’s dismissal means Cuomo won’t have to be fingerprinted or have his mugshot taken.
After the case was dismissed, Cuomo’s attorney Rita Glavin held a brief Zoom press conference where she reiterated that the case was a blatantly political act “by an astonishingly unprofessional and rogue sheriff.”
Glavin told reporters that the case was dismissed because no jury would find Bethany Commisso’s claims credible. She reiterated that former Governor Cuomo has denied the incident ever took place and said the judge’s dismissal is proof that the rule of law prevailed over “politics, rhetoric, or mob mentality.”
Cuomo’s slimy spokesman Rich Azzopardi quickly took a victory lap over the dismissal as well as recent decisions by DAs in Nassau and Westchester counties to not bring charges against Cuomo. Azzopardi boasted that none of those prosecutors found Cuomo’s accusers “credible.”
Before last Friday’s hearing, a local disability rights advocate, Michael Carey, told reporters that he filed paperwork asking Judge Trexler to appoint a special prosecutor. Carey argued that Albany District Attorney Soares is protecting Cuomo because the former Governor appointed Soares to the Moreland Commission in 2013.