Nassau Standard

New York State Senators Steve Rhoads, Anthony Palumbo, Patricia Canzoneri-Fitzpatrick, and members of the Senate Republican Conference introduced legislation on Tuesday aimed at addressing loopholes that led to the New York State Court of Appeals overturning Harvey Weinstein's conviction.

On April 25th, the New York State Court of Appeals overturned Weinstein's conviction in a 4-3 decision. Chief Justice Rowan Wilson replaced Judges Shirley Troutman and Caitlin Halligan, who had recused themselves, with Betsy Barros and Christine Clark. This move resulted in a decision that has sparked significant controversy.

“This sickening outcome is the direct result of the Senate Democrats’ misguided rejection of Justice LaSalle in favor of the extremely radical Rowan Wilson,” stated Senator Steven Rhoads. He further criticized what he described as political manipulation aimed at preserving political power through court appointments.

Senator Anthony Palumbo echoed these sentiments: “We were all appalled when the New York State Court of Appeals overturned the rape and sexual assault convictions of Harvey Weinstein.” He emphasized warnings from women's groups about potential decisions from Judge Wilson and called for legislative action to close "pro-criminal loopholes."

During Judge Wilson’s Senate confirmation hearing, Senator Palumbo expressed concerns over Wilson's previous rulings, including one where he dismissed a rape conviction by creating a new legal standard. Palumbo urged his colleagues to reject Wilson’s nomination due to potential risks to victims' rights.

Senator Patricia Canzoneri-Fitzpatrick added, “The National Organization for Women - NYC warned us of the risks posed to survivors of sexual assault that could come from [Wilson’s] nomination.” She criticized Wilson’s understanding of the challenges faced by sexual violence survivors.

Senate Republican Leader Rob Ortt accused Democrats of politicizing the Court: “Republicans are standing here because the Court of Appeals has been stacked with political henchmen... We will not sit back and continue to watch criminals be set free by a court that no longer abides by the State Constitution.”

In response to these concerns, Senate Republicans introduced two bills:

1. Preventing the Chief Justice from selecting replacement judges arbitrarily when a judge recuses themselves. Instead, replacements would be chosen on a rotating basis according to seniority (S.9601).

2. Allowing evidence of similar crimes in prior sexual offense cases to be admitted by codifying the “Molineux Rule” (S.9445).

“Once again, New York Democrats created a problem that we need to fix,” concluded Senator Ortt. He emphasized the urgency for these bills to be addressed before the legislative session concludes.