SEEKS COMMUNICATIONS BETWEEN BIAGGI AND CUOMO ACCUSERS LINDSEY BOYLAN, CHARLOTTE BENNETT, OTHERS, AND REPORTERS

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An escalating courtroom fight between former Gov. Andrew Cuomo and women accusing him of sex-based harassment reached a new level on Tuesday when Cuomo's legal team subpoenaed former State Senator Alessandra Biaggi.

Cuomo's subpoena seeks communications then-Sen. Biaggi had with Lindsey Boylan and Charlotte Bennett, the first and second women who accused Cuomo, relating to "allegations of sexual harassment or misconduct against Governor Cuomo" Dec. 2020 to Nov. 2021.

Seperately, Cuomo has also subpoenaed "Communications" Boylan and Bennett had with "any Media Outlet or journalist." 

An attorney for Boylan, not Biaggi, responded to Biaggi's subpoena 9 hours after Biaggi was served with the subpoena.

"The Biaggi Subpoena is Mr. Cuomo’s latest instrument to further his scorched-earth" strategy, Boylan's attorney, E. Danya Perry, wrote in a letter to Federal Magistrate Judge Taryn A. Merkl Tuesday evening. It "appears to have been served for the improper purpose of harassing nonparty Ms. Biaggi for voicing criticism against Mr. Cuomo." 

Biaggi was an outspoken critic of the governor while she was serving as a state senator, and public supporter of Boylan.

"The only reason Biaggi would be afraid of testifying is that she is afraid of the truth," Cuomo Spokesman Rich Azzopardi told The Free Lance in an email on Wednesday. 

"It's telling that it is Lindsey Boylan who is spending her money and her attorney’s time to prevent Biaggi from going under oath," he added. "What exactly are they trying to hide?” 

The skirmish comes in a federal sex discrimination lawsuit filed by a State Trooper who had been assigned to then-Gov. Cuomo's security detail. The court allowed her to file her lawsuit anonymously and she is called "Trooper No. 1" in court records. 

Trooper No. 1 alleges not just that Cuomo sexually harassed her, but that he sexually harassed other women, including Boylan and Bennett. Trooper No. 1 cited Boylan's case in 14 paragraphs of allegations. She cited Bennett's case in 11 paragraphs. Both are likely to be called as witnesses in Trooper No. 1's trial—as corroboration.

Boylan and Bennett have already asked Magistrate Merkl to "quash" or cancel the subpoenas Cuomo’s legal team sent them. Boylan seeks to quash a total of at least eight subpoenas, according to court records—including for state employment records documenting an alleged affair Boylan had with another state employee.

Cuomo's legal team is also asking for records from Hamilton College relating to a complaint Bennett filed accusing another student of sex assault. The charge was allegedly false, according to a lawsuit later filed against the school by the student and settled with a cash payout. 

Trooper No. 1's legal complaint also names Azzopardi and former Cuomo chief-of-staff Rebecca DeRosa as defendants. DeRosa allegedly facilitated Cuomo's sexual harassment and Azzopardi allegedly retaliated against Trooper No. 1 by calling her lawsuit “extortion.” They’ve asked the court to dismiss the case, but it has not yet ruled on their request.

Meanwhile, the lawsuit is proceeding through a preliminary phase known as "discovery" that occurs long before a trial is even scheduled.

In discovery, parties to a lawsuit are allowed to demand the other side provide them with evidence in their possession relevant to the case, including documents, records, emails, text messages, list of potential witnesses, etc. Parties named in a lawsuit and potential witnesses can also be required to answer questions under oath in a proceeding known as a "deposition." Depositions take place outside a courtroom with attorneys but no judge present.

Frequently, parties must reveal facts during discovery to their opposition they rather keep secret because they somehow undercut their claims—but that’s the point. Discovery is intended to ensure the truth is revealed, either obviating the need for a trial or ensuring the outcome of an eventual trial is reliable, truthful and based on facts—not emotion, speculation or the arguments of lawyers.

Discovery in Trooper No. 1's lawsuit has already resulted in one bona fide blockbuster revelation. 

Ana Liss, the third woman after Boylan and Bennett to accuse Cuomo of workplace harassment testified in a July deposition in Trooper No. 1’s lawsuit that Cuomo actually did not sexually harass her and news reports to the contrary were false, as The Free Lance reported Tuesday.

The Free Lance obtained a transcript of the deposition, small parts of which are redacted. 

Liss's deposition also revealed the central role Boylan played in collecting allegations from women who wished to remain anonymous and basically switchboarding them to journalists—with or without their consent. It’s fair to wonder what else Boylan did or might have told women who came to her for advice.

For example, according to Liss, Boylan told her she knew for a fact Cuomo was having an affair with a subordinate in state government, to motivate her to make her allegations public. During her deposition, Liss openly questioned whether Boylan was lying. Not just about the alleged affair but about Cuomo’s alleged harassment as well.

"I don't love Lindsey Boylan,” Liss testified “I respected what she did, I guess, if, you know."

Beyond its implications for Trooper No. 1’s lawsuit itself, where millions of dollars in potential damages are at stake, the discovery fight is also about the historical record. 

It's easy to lie to some reporters—especially when they let you. Lie under oath, at a deposition or in court, you go to jail. No judge or jury has ever found Cuomo sexually harassed anyone. Neither has he been convicted or even charged with a crime. The allegations against him will forever remain just that, mere allegations, unless and until a judge or jury finds otherwise.

Biaggi herself has yet to file a response to Cuomo's subpoena. Efforts to reach her late Wednesday evening were not successful, but on Thursday she Tweeted “It’s good to be hated by the right people.”

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