FOR IMMEDIATE RELEASE
NOVEMBER 8, 2018
STATEMENT OF NASSAU COUNTY DISTRICT ATTORNEY MADELINE SINGAS REGARDING THE INVESTIGATION OF ALLEGATIONS AGAINST FORMER NEW YORK STATE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN
“Following an exhaustive review, evaluation of the facts, the law, and applicable statutes of limitations, I have concluded our investigation into the allegations of physical abuse allegedly committed by former New York State Attorney General Eric T. Schneiderman without criminal charges.
I assembled an experienced team of prosecutors and investigators with more than 175 years of experience with special victims’ cases. I personally interviewed each of the women who cooperated with our investigation along with their attorneys. Our team interviewed members of Mr. Schneiderman’s security detail, employees of the Office of the Attorney General, potential witnesses identified during the pendency of our investigation, and we followed-up on each call to the tip line we established for this matter.
I believe the women who shared their experiences with our investigation team, however legal impediments, including statutes of limitations, preclude criminal prosecution. Our investigation also highlighted deficiencies in New York law for which I have drafted remedial legislation.[1]
The investigation found no misconduct by Mr. Schneiderman’s staff in the Office of the Attorney General.
I am grateful to all who cooperated with our investigation and I thank Governor Cuomo and Attorney General Underwood for the opportunity to do this important work.”
###
On May 8, 2018, at the request of Governor Andrew M. Cuomo, District Attorney Madeline Singas was appointed as Deputy Attorney General and Special Prosecutor by Attorney General Barbara Underwood, pursuant to New York State Executive Law § 63(2), to investigate allegations detailed in a May 7, 2018 New Yorker article titled “Four Women Accuse New York’s Attorney General of Physical Abuse.” As a founding member of the Queens County District Attorney’s Domestic Violence Bureau and Nassau County Special Victims Bureau Chief, District Attorney Singas has investigated and prosecuted thousands of cases of domestic violence, assault and sexual abuse and is recognized for her success prosecuting challenging cases to protect vulnerable victims.
Because no criminal charges have been filed, ethical considerations preclude DA Singas from commenting on the facts of this matter.
[1] This legislative proposal is attached and is available at www.nassauda.org.
****
FOR IMMEDIATE RELEASE
NOVEMBER 8, 2018
STATEMENT OF NASSAU COUNTY DISTRICT ATTORNEY MADELINE SINGAS REGARDING THE INVESTIGATION OF ALLEGATIONS AGAINST FORMER NEW YORK STATE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN
“Following an exhaustive review, evaluation of the facts, the law, and applicable statutes of limitations, I have concluded our investigation into the allegations of physical abuse allegedly committed by former New York State Attorney General Eric T. Schneiderman without criminal charges.
I assembled an experienced team of prosecutors and investigators with more than 175 years of experience with special victims’ cases. I personally interviewed each of the women who cooperated with our investigation along with their attorneys. Our team interviewed members of Mr. Schneiderman’s security detail, employees of the Office of the Attorney General, potential witnesses identified during the pendency of our investigation, and we followed-up on each call to the tip line we established for this matter.
I believe the women who shared their experiences with our investigation team, however legal impediments, including statutes of limitations, preclude criminal prosecution. Our investigation also highlighted deficiencies in New York law for which I have drafted remedial legislation.[1]
The investigation found no misconduct by Mr. Schneiderman’s staff in the Office of the Attorney General.
I am grateful to all who cooperated with our investigation and I thank Governor Cuomo and Attorney General Underwood for the opportunity to do this important work.”
###
On May 8, 2018, at the request of Governor Andrew M. Cuomo, District Attorney Madeline Singas was appointed as Deputy Attorney General and Special Prosecutor by Attorney General Barbara Underwood, pursuant to New York State Executive Law § 63(2), to investigate allegations detailed in a May 7, 2018 New Yorker article titled “Four Women Accuse New York’s Attorney General of Physical Abuse.” As a founding member of the Queens County District Attorney’s Domestic Violence Bureau and Nassau County Special Victims Bureau Chief, District Attorney Singas has investigated and prosecuted thousands of cases of domestic violence, assault and sexual abuse and is recognized for her success prosecuting challenging cases to protect vulnerable victims.
Because no criminal charges have been filed, ethical considerations preclude DA Singas from commenting on the facts of this matter.
[1] This legislative proposal is attached and is available at www.nassauda.org.
****
OFFICE OF THE DISTRICT ATTORNEY NASSAU COUNTY
FOR IMMEDIATE RELEASE
DISTRICT ATTORNEY SINGAS PROPOSES LEGISLATION TO CRIMINALIZE HARASSMENT FOR SEXUAL GRATIFICATION
Mineola, NY – Nassau County District Attorney Madeline Singas today proposed legislation to strengthen laws that protect victims of sexually-motivated violence. If enacted, the bill will fill a gap in state law that precludes a prosecutor from charging a perpetrator who slaps, punches, shoves, or kicks another person, without consent, for sexual gratification, when evidence of injury is insufficient to meet New York’s statutory and case law definitions of physical injury.
“This legislation fills a gap in the law that is essential to properly sanction sexually-motivated violence that may leave the victims with deep emotional wounds, even if they do not sustain physical injuries as defined under New York penal law,” DA Singas said. “This new misdemeanor-level offense will afford law enforcement an additional tool to protect victims of domestic abuse, and I encourage the legislature to pass this bill next session.”
The text of the bill reads:
As a class A misdemeanor, the law would be subject to a two-year statute of limitations and those convicted under the proposed bill could face up to one year in jail.
Under current New York law a slap, shove, or kick that does not cause physical injury is chargeable as the non-criminal violation of Harassment in the Third Degree only if the offender’s intent is to “alarm, harass, or annoy” the victim. The violation cannot be charged in circumstances where the offender’s intent is his or her sexual arousal or gratification. If such conduct causes physical injury, as defined under New York law, a criminal charge is available,1 however case law provides that physical injury requires proof of “more than mere bruises, bumps, abrasions, or superficial cuts,”2 or proof the victim suffered “substantial pain.”
1 N.Y. Pen. L. § 120.00, Assault in the third degree.
2 6 N.Y. Prac., Criminal Law § 5:3 (4th ed.). See also People v. Case, 150 A.D.3d 1634 (4th Dept. 2017) (one centimeter bruise on arm and swollen neck not sufficient); People v. Boney, 119 A.D.3d 701 (2d Dept. 2014) (bruised and splinted
N.Y. Penal Law § 240.xx Sexual harassment
A personal is guilty of sexual harassment when, with the purpose of sexual arousal or gratification, and without consent, he or she slaps, strikes, shoves, or kicks such other person.
Sexual harassment is a class A misdemeanor.
262 Old Country Road • Mineola, New York 11501 • 516.571.3800
This proposal provides for a criminal charge when the abusive conduct causes no injury, injuries that do not rise to the legal definition of “physical injury,” or injuries that cannot be proven beyond reasonable doubt.
Singas sent the proposed legislation to New York’s legislative leaders today. ###
finger, without evidence that its use was limited for any length of time, not sufficient); In re Jose B., 47 A.D.3d 461 (1st Dept. 2008) (minor soft tissue trauma from punches insufficient); People v. Williams, 48 A.D.3d 1115 (3d Dept. 2007) (bruises and swelling of jaw that subsided after a couple of days insufficient); People v. Carney, 179 A.D.2d 818 (2d Dept. 1992)(bruises on arm and neck insufficient).
-30-
|