The New York state Legislature continues its persistent campaign to disrespect and damage the rights of crime victims, while simultaneously making it exceedingly difficult to hold convicted criminals accountable for their actions. The latest bill, aptly named the “Wrongful Conviction Act,” may be the most egregious of them all. Rushed and hastily drafted, this last-minute piece of legislation was recently passed during a time when lawmakers hoped nobody would be paying attention. This act threatens to undermine the finality of our criminal justice system, leading to an endless cycle of appeals and an influx of criminals back onto our streets. It is a recipe for creating more crime victims, which is the last thing our society needs.
I urge Governor Kathy Hochul to utilize her veto power and put an end to this bill before it becomes law, thus preventing irreparable harm to our criminal justice system. The act is packaged as a means to prevent wrongful convictions, which is a worthy objective of allowing innocent individuals to challenge past convictions. However, New York is already at the forefront of post-conviction relief, offering numerous avenues for defendants to contest their convictions. The Wrongful Convictions Act will only enable defendants to continuously challenge their criminal convictions without merit.
Beyond the typical appeal process, post-conviction relief already exists for newly discovered evidence, DNA exoneration, coerced or misunderstood guilty pleas, prosecutorial or police misconduct, ineffective assistance of counsel, retroactive changes in the law, and failure to inform defendants of immigration consequences. Under this bill, defendants would have the opportunity to endlessly present meritless challenges to their convictions. Even if their motions are repeatedly denied, they can file them again and again, without any limitations. They could wait decades and resubmit the exact same motion.
Perhaps the most alarming aspect is that if a defendant successfully challenges their conviction, under the current law, they are entitled to a new trial. However, under this misguided legislation, they would be released without the possibility of facing a retrial for the same crime. This is the case even when the error is a result of an ineffective defense attorney, an issue beyond the control of the trial judge and prosecutor. Consequently, this bill provides an incentive for murderers to purposely engage the services of the least competent attorney, secure a conviction, and then have the case dismissed without the chance of a retrial.
Furthermore, the bill’s drafting is deeply flawed, allowing trial-level courts to review appellate court decisions and not even requiring defendants to swear to the truth of their claims. It also poses a nightmarish situation for discovery, forcing prosecutors to preserve and provide evidence indefinitely to respond to motions in decades-old cases, as the bill permits judgments to be vacated if evidence becomes unavailable. If you were a crime victim or witness a long time ago, and you thought you had moved on from the pain and anxiety of that terrible experience, tough luck. You may be called back to relive those moments through these motions, and it’s highly likely that this won’t be the last time. No conviction will ever be final, and no case will ever truly be “over.” The endless parade of guilty defendants being exonerated due to seemingly endless technicalities, brought about by our out-of-control Legislature, is an alarming reality we face.
These examples are just a glimpse of yet another horrendous piece of “criminal justice” legislation that would have severe and lasting consequences for law-abiding citizens of New York. It is an unnecessary attempt to fix a system that is not broken. By eroding the finality of convictions, this bill undermines the rights of victims, burdening them with eternal anxiety and hopelessness. The Legislature has forgotten about the victims of crime, while prosecutors across the state struggle to maintain public safety within a system increasingly rigged against justice. This bill crosses the line by promoting an influx of meritless appeals, further straining law enforcement resources that are already stretched to their limits. Once again, I implore Governor Hochul to remember these victims and exercise her veto power to prevent this abominable bill from becoming an unconscionable law. The integrity of our criminal justice system hangs in the balance. Ray Tierney, the district attorney of Suffolk County, has been a dedicated prosecutor for over 30 years.
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