Hochul: 'Legislature should act' on Weinstein response before session ends, This Week in New York History

Plus: RFK Jr. and Jill Stein have filed petitions to be on the November ballot in New York.

Good afternoon — it’s Tuesday and National Hamburger Day.

TUESDAY, MAY 28, 2024

TODAY’S CAPCON:

• Hochul expects lawmakers to pass a bill in response to the Weinstein decision.

• Steve Cohen’s casino dreams could be dashed, but a different path may open.

• Should nonprofits have access to the state pension system?

• RFK Jr. and Jill Stein have filed paperwork with the state Board of Elections.

• This Week in New York History

🔨 Is Tomorrow a Session Day? Yes.

🌞 Tonight’s Weather: Albany: Partly cloudy, high 50s. New York City: Mostly clear, low 60s. (National Weather Service)

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(Dan Clark/Times Union)

⚖️ Hochul: ‘Legislature should act on’ Weinstein-inspired legislation before session ends

🧑‍⚖️ Democrats in the Legislature are considering a bill that would allow evidence of a defendant’s alleged history of sexual assault to be considered at trial.

We’re in the home stretch. After Tuesday, there are six scheduled legislative session days left in this year’s legislative session.

Gov. Kathy HOCHUL’s top priority, at this point, is to get a pair of bills passed that would regulate how social media platforms interact with children.

But there are several other bills in play as well, including one in response to this year’s decision from New York’s highest court to grant film producer Harvey Weinstein a new trial on rape charges.

• That decision overturned his conviction and the sentence he was ordered to serve.

As you likely know, Weinstein’s conviction was tossed because of testimony from two women who claimed he had also sexually assaulted them.

• Weinstein was never charged over those claims and they were never proven, so the Court of Appeals ruled he wasn’t given a fair trial.

Senate Deputy Majority Leader Mike GIANARIS and Assemblywoman Amy PAULIN, both Democrats, have been pushing a bill that would allow that kind of testimony in future trials involving sexual assaults.

• That testimony would be used to establish a pattern of behavior for the defendant.

• The judge in the trial could still choose to exclude that testimony.

The Senate has already passed the bill. The Assembly has not.

And, to be honest, unless supporters are able to convince more lawmakers to approve the bill as-is, it would be amended before it comes to the floor.

• That means the Senate would have to pass it again.

Hochul hasn’t entered that discussion. She told me in April that her staff was “analyzing” the decision, but hasn’t really spoken about it publicly.

🗣️ But on Tuesday, that changed.