between her and epstein that ended that lawsuit prevents her from suing the prince because it applied to, quote, potential defendants. her legal team says terms of that settlement do not apply to the prince. the judge today calling both arguments reasonable and saying he will decide soon. now, to the case involving former new york governor andrew cuomo tonight. the albany district attorney announcing he will not prosecute the former governor for allegedly groping a the allegation, was to be arraigned on friday. the d.a. now saying he found the complainant credible, but that it would be difficult to prove the case in court. the albany criminal charge was the only one to result from a report by the new york attorney general s office that found that cuomo sexually harassed 11 women. a very busy news night height. when we come back, the highway tragedy involved two state troopers. one trooper crashing into his brother. and then the reigning jeopardy! champ revealing she was robbed.