Westchester County District Attorney Mimi Rocah says that investigations by her office have found that former Gov. Andrew Cuomo did engage in inappropriate behavior in two incidents that occurred in Westchester, but said that she cannot criminally prosecute him.
Back on Aug. 7, the Business Journal reported that Rocah was starting a local investigation surrounding allegations of Cuomo’s inappropriate behavior.
“Yesterday our office became aware of the final independent report from Attorney General Letitia James’ office regarding Governor Andrew Cuomo’s conduct,” Rocah said at the time. “As some of the governor’s conduct described in the report occurred in Westchester County, we have formally requested investigative materials obtained by the AG’s Office. As this is an ongoing investigation, we will not comment further at this time.”
Rocah has now revealed that her office conducted what she described as a thorough investigation into allegations reported by two women against Cuomo. There were two separate incidents that occurred in Westchester County.
Rocah explained the first incident as follows: A woman, identified as (New York State) 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 sSure.” 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.”™”
Rocah said that in the second incident, a second woman alleged publicly and to her 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.
“The investigation found credible evidence to conclude that the alleged conduct in both instances … did occur,” Rocah said today. “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.”
Rocah said that the conclusion regarding criminal prosecution is unrelated to any possible civil liability, which she said is beyond the scope of a district attorney”™s jurisdiction.
“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,” Rocah said. “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.”
