A curious thing just happened in the sexual harassment lawsuit against former New York Gov. Andrew Cuomo: accuser Charlotte Bennett just dropped her claims against Cuomo despite continuing with litigation against the state over the alleged conduct of Cuomo. While the state has its own obligations as an employer, it is odd that you would drop the claim against the alleged actor himself. That is like dropping your product liability claim against Tesla while suing the electric company for powering the car.
A significant number of women alleged sexual harassment against the former governor. They previously gave evidence in criminal investigations and spoke to state and federal investigators.
However, in 2022, Albany County District Attorney David Soares dropped a criminal complaint against Cuomo for lack of evidence. Later, five additional criminal cases were dropped. He has been facing pending civil litigation over the allegations of sexual assault for years.
The state is reportedly paying Cuomo’s legal fees. The strange profile of the litigation with this withdrawal may reflect the strikingly different interests of the legal teams representing Cuomo versus the state.
Bennett was the second of several former aides to accuse Cuomo of sexual harassment. She complained that Cuomo was harassing her with “invasive” demands of her medical records and pursuing testimony from friends. However, when you accuse someone of being a sexual harasser, such discovery is not just expected but often essential for the defense.
The defense took a victory lap while responding to rumors of a settlement in the making with the state. It noted that the move came shortly before Bennett would appear for deposition:
“After falsely smearing Governor Cuomo for years, Ms. Bennett suddenly withdrew her federal lawsuit on the eve of her deposition to avoid having to admit under oath that her allegations were false and her claims had no merit. If New York State does give in to her public pressure campaign and settles, it will not be on the merits and should require the public release of all the evidence so that New Yorkers finally know the truth: Governor Cuomo never sexually harassed anyone.”
The deposition was expected to be brutal, including questions raised by videotapes in which Bennett calls Cuomo “amazing” and “wonderful” to work with. The defense has also cited allegations of prior allegations against others that were later dropped.
The settlement talks could amplify the different interests of the two legal teams. The state team is answerable to Gov. Kathleen Hochul, who may have an interest in not only killing the case but also creating a record of a settlement over the allegations. Her office previously settled with the Biden Administration over federal claims. I previously expressed concern over the lack of fairness and due process for Cuomo in that case and how the settlement was being portrayed.
The dropping of the case may undermine negotiations with the state unless they have reached an undisputed agreement. Between the settlement with the federal government and settlements with these accusers, Cuomo may be left without an adjudication on specific claims that he wants to clear his name. Such settlements create a stain of presumptive guilt for many.
The only thing that is clear is that the case against Andrew Cuomo seems to get “curiouser and curiouser.”