Suffolk Reporter

New York State Senator Anthony Palumbo (R,C-New Suffolk), along with Senators Steve Rhoads, Patricia Canzoneri-Fitzpatrick, and members of the Senate Republican Conference, introduced legislation aimed at addressing loopholes that led to the New York State Court of Appeals overturning Harvey Weinstein's conviction.

On April 25th, the Court of Appeals overturned Weinstein's conviction in a 4-3 decision. Chief Justice Rowan Wilson, after his confirmation, replaced recused Judges Shirley Troutman and Caitlin Halligan with Betsy Barros and Christine Clark, who sided with him in the decision.

Senator Palumbo criticized the Senate Democrats for rejecting Justice LaSalle in favor of Wilson. He stated that this political maneuvering led to a court that overturned Weinstein's conviction. "We were all appalled when the New York State Court of Appeals overturned the rape and sexual assault convictions of Harvey Weinstein," said Palumbo. He emphasized the need for legislative action to close pro-criminal loopholes and protect victims.

During Judge Wilson’s Senate confirmation hearing, Palumbo had expressed concerns about Wilson's prior decisions, including dismissing a rape conviction by creating a new legal standard. Despite these concerns, Senate Democrats confirmed Wilson along party lines.

Senator Steven Rhoads highlighted broader issues within the judicial system: "The Harvey Weinstein case is a symptom of a much larger problem." He called for legislative intervention to regulate the Court of Appeals' recusal process and ensure transparent selection of judicial replacements.

Senator Patricia Canzoneri-Fitzpatrick referenced warnings from advocacy groups about risks posed by confirming Wilson: "Chief Judge Wilson had penned the decision to overturn a rape conviction... showing a fundamental misunderstanding of what survivors go through."

Senate Republican Leader Rob Ortt criticized what he termed as politicization of the courts: "The Court of Appeals has been stacked with political henchmen... We will not sit back and continue to watch criminals be set free."

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

- S.9601 (Senator Rhoads): Prevents cherry-picking replacement judges by requiring them to be chosen on a rotating basis in order of seniority.

- S.9445 (Senator Palumbo): Codifies the “Molineux Rule” allowing evidence of similar crimes in prior sexual offense cases to prove motive and intent.

"Once again, New York Democrats created a problem that we need to fix," concluded Ortt. He urged prompt action on these bills before the legislative session ends.