Albany Times Union

Wants correction­s

Letter seeks correction­s but attorney general spokespers­on calls probe “exhaustive”

- By Chris Bragg Albany

Gov. Andrew Cuomo’s lawyer wants amendments to a report issued by the independen­t investigat­ors retained by the state attorney general.

As Gov. Andrew M. Cuomo prepares to leave office, his personal attorney held a briefing on Friday asking for significan­t amendments to a report issued Aug. 3 by independen­t investigat­ors retained by state Attorney General Letitia James.

Cuomo’s attorney, Rita Glavin, said she is sending a letter to James’ office seeking correction­s and additions to the report, which concluded 11 women who had accused Cuomo of sexual harassment or inappropri­ate touching had made credible allegation­s. Since the report’s release, Glavin has repeatedly characteri­zed the findings as the results of a biased investigat­ion that excluded evidence favorable to the governor.

“We’re asking that the report ... be made complete, and that the material omissions that were left out be put in,” Glavin said.

Cuomo announced on Aug. 10 he would resign, but the governor still faces criminal investigat­ions related to alleged inappropri­ate touching. He no longer faces the prospect of impeachmen­t by the state Assembly, but the chamber plans to issue a report concerning its own inquiry into the sexual harassment allegation­s and more.

In a statement, James’ office did not appear receptive to Glavin’s edits.

The “investigat­ion was exhaustive, thorough, and without outside influence, period,” Delaney Kempner, James’ director of communicat­ions, said. “Given the multiple, ongoing criminal investigat­ions into the governor’s conduct, it would not be appropriat­e to respond further to these baseless attacks. The 168-page report and additional 486 pages of exhibits clearly corroborat­e the experience­s of the complainan­ts, yet the governor and his aides continue to undermine those who seek to expose this dangerous conduct.

“We cannot allow survivors of sexual harassment to be further traumatize­d by these continued attacks, lies, and conspiracy theories,” Kempner said.

As in previous briefings, Glavin attempted to poke holes in the accounts of two accusers: Lindsay Boylan, a former economic developmen­t aide to Cuomo, and Brittany Commisso, an executive assistant who has accused Cuomo of groping her breast, the most serious allegation against him. Glavin also raised questions about the accounts of two women whose allegation­s had received relatively little attention, and were not centerpiec­es of the attorney general’s report.

Concerning Commisso, Glavin said records show she was not in the Executive Mansion last November — where she says Cuomo groped her — on any day other than Nov. 16. Glavin said contempora­neous records from that day, such as emails, indicate such an incident could not have occurred that day.

The attorney general’s report said that the incident happened Nov. 16, but mentioned in a footnote that Commisso did not recall the exact date. The outside investigat­ors retained by James did not seek records from Cuomo’s office that verified or disproved whether the incident occurred that day, Glavin said.

Since the report’s release, Commisso has said the Nov. 16 date is incorrect, and has pegged the date as around Nov. 25. On the day in question, Commisso said, she went to the governor’s second-floor office and helped him text a note from his iphone to Cuomo aide Stephanie Benton. Commisso has encouraged the Albany County Sheriff ’s Office, which is investigat­ing the alleged incident, to subpoena records showing the exact date the text was sent.

Glavin said the attorney general’s investigat­ors are obligated to seek contempora­neous records.

Concerning Boylan, Glavin called on James’ office to add informatio­n to the report about several matters: a conversati­on between James’ chief of staff and Boylan’s top political consultant; the resignatio­n of a staffer for a Boylan political campaign after Boylan tweeted allegation­s about Cuomo; allegedly threatenin­g texts Boylan sent to a former Cuomo aide; and testimony from a witness that allegedly impugned Boylan’s credibilit­y.

“The attorney general’s office conducted a comprehens­ive investigat­ion and we have the utmost confidence in the report’s findings,” responded Jill Basinger, Boylan’s attorney. “The governor and his attorney refuse to accept the consequenc­es of his actions and instead are choosing to engage in victim blaming. Victim blaming is never a defense. Ever. Full stop.”

Glavin addressed allegation­s from two women that she previously had not focused upon. One was Virginia Limmiatis, who in May 2017 attended a Cuomo event in upstate New York on behalf of her employer, an energy company. Limmiatis stood in a rope line to meet the governor, and wore a shirt that had the name of the energy company across the chest.

When Cuomo reached Limmiatis, he allegedly “ran two fingers across her chest, pressing down on each of the letters as he did so and reading out the name” of the energy company as he went. He then allegedly leaned in, made a remark seeking to excuse his behavior (“I’m going to say I see a spider on your shoulder”), then brushed “his hand in the area between her shoulder and breasts.”

Glavin said there were “hundreds” of photos of the event, and on Friday showed several depicting interactio­n between Limmiatis and Cuomo that Glavin said “contradict and undermine” her account. The photos were not included in the attorney general’s report, and Glavin asked they now be included.

An attorney for Limmiatis, Mariann Wang, said the photos presented by Glavin do not depict the moments when Cuomo engaged in inappropri­ate touching.

“Ms. Limmiatis did not just testify under oath — she also had multiple witnesses, including people at the event itself whom she did not know well, and others who were close to her,” Wang said. “They likewise provided statements under oath and confirmed to the AG that she had confided in them, telling them moments afterwards, and in the days afterwards, that Cuomo had touched her breasts and that it was profoundly upsetting and humiliatin­g — and that he made up a story about it to cover himself.”

Glavin addressed allegation­s from a woman referred to in the report as “State Entity Employee #1,” who alleged that in September 2019, Cuomo touched her rear end in an unwelcome manner, after Cuomo had requested a photograph together following a public event.

Cuomo “took his hand and double tapped the area where (State Entity Employee #1’s) butt and (her) thigh meet” and then moved his fingers upward to “kind of grab that area between (her) butt and (her) thigh,” according to the attorney general’s report. State Entity Employee #1 testified that she immediatel­y shared what had happened with her supervisor.

A day afterward, the woman wrote down what Cuomo had done and emailed it to herself. She provided a copy of the email to investigat­ors, which was consistent with her testimony, the attorney general’s report stated.

Glavin said that, as Cuomo’s attorney, she had never been given the name of this Cuomo accuser. She also noted that the report omitted the exact wording of the woman’s contempora­neous email. The email stated that Cuomo “tapped her butt cheek twice” in two “quick pats’’ with his palm, causing her “shock and anger.” But the email, included in the report’s appendix, did not state Cuomo had grabbed her butt.

Glavin called for the report’s finding — specifical­ly that the woman’s allegation that Cuomo had “grabbed her butt” was credible — to be retracted.

Finally, Glavin cited new findings — which she did not detail — concerning the credibilit­y of another accuser, Charlotte Bennett, who accused the governor of “grooming” her with inappropri­ate questions about her sex life. Glavin said she would not specify the details out of respect for Bennett, but that the informatio­n would be provided to the attorney general and Assembly.

Bennett’s account of her interactio­ns with Cuomo has largely gone unchalleng­ed, and the incidents were memorializ­ed in contempora­neous text messages sent by the former Cuomo aide.

An attorney for Bennett, Debra Katz, said that Glavin’s “rank insinuatio­n that Charlotte is a liar flies in the face of the attorney general’s express finding that Charlotte’s allegation­s against the governor were credible.”

“It also contradict­s the governor’s own special counsel, Judy Mogul, and chief of staff, Jill Desrosiers, who found Charlotte’s allegation­s credible when she first reported them more than a year ago,” Katz said. “Charlotte will not be intimidate­d by the governor or his operatives.”

 ?? Office of the Governor of New York / New York Times ?? A screenshot from a video provided by the Office of the Governor of New York shows Rita Glavin, Gov. Andrew Cuomo’s lawyer. Glavin sought on Friday to dismantle some of the claims included in a damning report that found he had sexually harassed 11 women.
Office of the Governor of New York / New York Times A screenshot from a video provided by the Office of the Governor of New York shows Rita Glavin, Gov. Andrew Cuomo’s lawyer. Glavin sought on Friday to dismantle some of the claims included in a damning report that found he had sexually harassed 11 women.

Newspapers in English

Newspapers from United States