Statement From Senator Anthony H. Palumbo on Court of Appeals Dismissal of Rape and Sexual Assault Charges against Harvey Weinstein

            New York State Senator Anthony Palumbo (R,C-New Suffolk) Ranking Republican on the Senate Judiciary and Codes Committees, today released the following statement regarding the New York State Court of Appeals dismissal of Harvey Weinstein’s 2020 rape and sexual assault convictions, as well as the sentence of 23-years in prison.

            "New York State’s highest court today turned its’ back on the brave victims of rape and sexual assault who had the courage to look Harvey Weinstein in the eye and put him behind bars where he belongs. Sadly, this is the New York that Senate Democrats were fighting for and this decision rests at their feet.

            Last year, we had an opportunity to select an historic and superbly qualified Court of Appeals nominee in moderate Democrat Hector LaSalle. Instead, the Chairman of the NY State Senate Judiciary Committee, Brad Hoylman-Sigal and the Senate Democrats packed the Senate Judiciary Committee with additional members, contrary to our own Senate Rules.  They then unconstitutionally blocked Judge LaSalle’s nomination from advancing to the floor and only after a lawsuit ordered the nomination to the floor did the entire Senate vote, which ultimately led to the defeat of the Court of Appeals nominee for the first time in New York history.

            Senate Democrats publicly stated they wanted a more progressive Court of Appeals and then selected Associate Judge Rowan Wilson.  During that nominating process, I specifically pointed out in Committee and on the Senate Floor the prior callous comments and controversial decisions made by Judge Wilson in sexual assault and child rape cases. Moreover, twenty-one sexual assault survivors wrote to the Governor and legislators at the time indicating that Judge Wilson’s prior opinions ‘send a message that the rights of rape survivors are not priorities for the Court.  This is unacceptable.’  Despite these warnings, Senate Democrats confirmed Judge Wilson on a party-line vote while gleefully proclaiming that he would take the Court in the direction they wanted. 

            Now suddenly, after Judge Wilson’s Court of Appeals dismissed rape and sexual assault charges against Harvey Weinstein, the Senate Democrats speciously proclaim that they are surprised and that they support victims of sex crimes. The dishonesty is nauseating.  To the contrary, this is the Court Democrat Senators manufactured despite numerous warnings and concerns voiced by New Yorkers.

            This decision is a major setback for the safety of women and sexual assault survivors in New York and is the beginning of a disturbing trend in this state to further degrade a survivor’s willingness to confront predators like Harvey Weinstein."