ALBANY – Survivors of sexual assault spoke out this week in a last-ditch effort to block the state Senate from confirming liberal Court of Appeals Associate Judge Rowan Wilson to lead New York’s top court, The Post has learned.
“The Chief Judge has a leadership role in communicating the values and priorities of the court system, and the decision Judge Wilson wrote in People v. Regan sends a message that the rights of rape survivors are not priorities for the Court,” reads an April 17 letter to Gov. Hochul and legislative leaders signed by 21 sexual assault survivors.
“This is unacceptable.”
Wilson was confirmed by the Senate Tuesday evening in a party-line vote despite writing the majority opinion for a controversial March ruling that freed a convicted rapist on technical grounds.
Andrew Regan was sentenced in 2015 to 12 years for raping a 22-year-old woman at her Norwood residence in August 2009, after the victim invited Regan and his then-girlfriend to stay at her home following a wedding reception.
The Army vet would still be doing time if it were not for a legal challenge that resulted in the 4-2 Court of Appeals ruling that there were “inexplicable delays” violating his right to a speedy trial.
Gov. Kathy Hochul nominated the liberal Wilson after a centrist pick to lead the Court of Appeals went down in flames weeks ago. AP“I really feel like he doesn’t understand, like a lot of people, exactly the process that goes into seeking help after a sexual assault,” Claire McCue, a sexual assault survivor who signed the letter, told The Post on Tuesday.
“This person went through the medical exam, she got the rape kit, and she reported the assault to the police – went through all the steps of prosecution, which is really traumatizing to victims and it takes a lot of courage and stamina.”
“And for her to get through that process – trying to seek justice and accountability and doesn’t get it – it’s just devastating and beyond insensitive, and I feel like it traumatizes victims like her, like myself, that are supposed to be served and protected by the system,” she went on.
Court of Appeals Associate Judge Rowan Wilson is expected to get confirmed as chief judge on Tuesday. AP“This was a second rape,” McCue added about the Court of Appeals ruling.
Wilson defended the court’s ruling before the state Senate Judiciary Committee at his confirmation hearing Monday.
“It’s a horrible feeling to have to reverse a conviction in that circumstance,” he said. “It’s not an easy thing to do, but it’s a function of how our judicial system works.”
Hochul nominated the liberal Wilson after state Senate Democrats rejected centrist appellate judge Hector LaSalle earlier this year, making her the first governor to ever have a judicial nomination rejected.
“During the hearing Judge Wilson demonstrated his strong qualifications and shared his vision for the Court of Appeals, and Governor Hochul looks forward to a vote from the full Senate on his nomination,” Hochul spokeswoman Hazel Crampton-Hays told The Post in response to the letter.
Two advocates for sexual victims from the group Know You IX spoke out against the attacks on Wilson over his actions in the case.
“I am disappointed to see opponents of Judge Wilson’s nomination to be Chief of the New York Court of Appeals pitting justice for rape survivors against due process rights for defendants. That frame is not only legally wrong but comes at grave costs to survivors,” co-founder Alexandra Brodsky said.
Wilson is expected to solidify a liberal majority on the Court of Appeals with the help of attorney Caitlin Halligan who is slated to replace him as an associate judge once he gets confirmed as expected.
Albany Democrats are expected to confirm Wilson as chief judge despite criticism of his record. AP
Hochul nominated Wilson after state Senate Democrats rejected centrist appellate judge Hector LaSalle. APA liberal majority could have national implications due to a pending case challenging New York’s congressional district map, which helped Republicans seize control of the House of Representatives after the Court of Appeals threw out the so-called “Hochulmander” that would have benefitted Democrats.
Reps for state Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) and Assembly Speaker Carl Heastie (D-Bronx) – whose chamber has no formal role in judicial nominations – did not provide comment about the letter.
“We ask you not to confirm Judge Wilson as Chief Judge of the Court of Appeals,” the letter states.
“All New Yorkers deserve a court that strikes the right balance in protecting the constitutional rights of defendants while also protecting victims’ access to justice and the public’s right to safety,” it concludes. “We need a Chief Judge who recognizes that need for balance and leads the way in making it a reality.”
