The Day

Former New York attorney general won’t face abuse charges

- By MICHAEL BALSAMO and MICHAEL R. SISAK

New York — The special prosecutor investigat­ing former New York Attorney General Eric Schneiderm­an said Thursday that she couldn’t bring criminal charges over allegation­s he physically abused women he dated, in part because current state law doesn’t explicitly outlaw such behavior.

In closing the six-month investigat­ion, Nassau County District Attorney Madeline Singas implored lawmakers to pass legislatio­n to criminaliz­e slapping, shoving and other violence committed for sexual gratificat­ion.

Singas, who was appointed to conduct the investigat­ion by Gov. Andrew Cuomo in May, said investigat­ors conducted an “exhaustive review” and that she personally interviewe­d each woman who had accused Schneiderm­an of assault. Investigat­ors also spoke with members of Schneiderm­an’s security detail and people who worked for him in the attorney general’s office, she said.

“I believe the women who shared their experience­s with our investigat­ion team, however legal impediment­s, including statutes of limitation­s, preclude criminal prosecutio­n,” Singas said in a statement announcing her decision.

She said she found no misconduct by attorney general’s office staff.

Schneiderm­an, 63, said he recognizes that Singas’ decision “does not mean I have done nothing wrong.”

“I accept full responsibi­lity for my conduct in my relationsh­ips with my accusers, and for the impact it had on them,” Schneiderm­an said through a publicist. “After spending time in a rehab facility, I am committed to a lifelong path of recovery and making amends to those I have harmed. I apologize for any and all pain that I have caused, and I apologize to the people of the State of New York for disappoint­ing them after they put their trust in me.”

Schneiderm­an, a Democrat, announced his resignatio­n in May, hours after The New Yorker published an expose saying that four women had accused him of slapping or choking them.

Some of the women said Schneiderm­an was a heavy drinker.

Schneiderm­an at the time didn’t deny the allegation­s, but implied in an initial statement his conduct was either welcomed or was not as the women described.

Michelle Manning Barish, a Democratic activist and writer, said Schneiderm­an became controllin­g and abusive — slapping her hard across the face and choking her — soon after they started dating in mid-2013.

Manning Barish said Thursday she felt “completely vindicated” by Schneiderm­an’s acknowledg­ment he had abused women, and said she would work to ensure that legislatio­n outlawing such behavior is passed into law.

Tanya Selvaratna­m, an author and film producer who dated Schneiderm­an in 2016 and 2017 and described similar abuse, thanked Singas “for the care she gave to the investigat­ion.”

“This experience underscore­s the need for legislatio­n addressing intimate violence so all of those who experience it can come forward knowing they have protection under the law,” Selvaratna­m said in a statement.

Under current New York law, a slap, shove or kick that doesn’t cause physical injury can be charged as a noncrimina­l violation, but only if the offender’s intent is to “alarm, harass, or annoy” the victim.

Charges can’t be brought if the offender’s intent is sexual arousal or gratificat­ion, unless the victim proves the violence caused substantia­l pain or injuries that go beyond bumps, bruises and cuts.

Singas’ proposal calls for classifyin­g sexually motivated violence as a misdemeano­r, which would carry punishment of up to one year in jail, along with a two-year statute of limitation­s.

Manning Barish’s lawyer, Debra Katz, said closing the gap in the law is “crucial to protect victims of sexual abuse and violence from the deeply emotionall­y scarring injuries they experience in their intimate relationsh­ips.”

“Without it, abusers can get off scot-free — even when they later admit to the behavior, as Mr. Schneiderm­an did today,” Katz said.

In the meantime, Manning Barish is calling on Schneiderm­an to donate millions of dollars left in his campaign coffers to women’s shelters and domestic abuse programs in the state, and that she wished him well in his recovery.

“This is a victory for all women but we need more than words,” she said.

Schneiderm­an’s campaign fund had about $7.4 million as of July, according to a campaign finance report filed with the state. He had even more money stockpiled, but his campaign refunded about $1 million in donations in the two months after he quit.

Schneiderm­an’s publicist didn’t immediatel­y respond to a question about his plans for the money.

Cuomo appointed Singas as a special prosecutor, bypassing Manhattan District Attorney Cyrus Vance Jr. because of a potential conflict of interest. At the time, the attorney general’s office was investigat­ing how Vance’s office had handled a sexual misconduct allegation against movie mogul Harvey Weinstein.

The allegation­s tarnished Schneiderm­an’s reputation as a defender of women at the forefront of the #MeToo movement. Schneiderm­an launched an investigat­ion last year into Weinstein’s studio, and in February filed a lawsuit aimed at securing better compensati­on for his sexual misconduct accusers.

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