The Honorable Kathy Hochul, Governor of New York State

Members of the New York State Senate

Members of the New York State Assembly
NYS State Capitol Building
Albany, NY 12224

April 17, 2023

Dear Governor Hochul and New York State Senators and Assemblymembers,

As New Yorkers and as survivors of sexual assault, we write to you today with
grave concerns and outrage over the March 16th, 2023 New York Court of Appeals ruling
that Judge Rowan Wilson authored in the case People v Andrew Regan.

We know how daunting it is to report these crimes, and how arduous and lengthy the
process can be to seek justice in a court of law. Many of us know what it is like to have
police and prosecutors delay taking action on our cases; to place call after call asking
when our cases will move forward. This process takes a significant toll on every aspect
of a survivor’s life.

The brave survivor in this case put her faith in the justice system. She did everything
victims are asked to do, from immediately reporting the assault, to enduring a long
invasive rape kit exam that same day, to recounting the rape over and over again to law
enforcement, to prosecutors, to grand jurors, and in open court to jurors at trial.

To learn that the jury convicted the perpetrator of first degree rape, only to have this
survivor’s justice taken away by four judges for reasons that are unjustifiable, shocks the
conscience.

In his opinion, Judge Wilson wrote that the court overturned the conviction because the
prosecution moved too slowly – even though that slowness did not cause any prejudice
to the perpetrator. This ruling suggests that the Court is ignoring the reality of what
survivors are enduring in New York State every single day: long delays in the
investigation and prosecution of sexual assault are commonplace. The way to address
this problem is not to further punish a victim by overturning the perpetrator’s
conviction. That the Court did so, despite the lack of any prejudice to the defendant
from the delay, suggests that the Court utterly devalued a survivor’s right to justice and
accountability.

We are appalled by this decision to release a convicted rapist when it was the victim, not
the rapist, who suffered from the prosecution’s delay.

Senators, we ask you not to confirm Judge Wilson as Chief Judge of the Court of Appeals.
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. This is unacceptable.

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. We need a Chief Judge who recognizes that need for balance
and leads the way in making it a reality.

Sincerely,