| | | | |  | | By Nick Reisman, Jeff Coltin and Emily Ngo | | Presented by |  | | | With help from Irie Sentner
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Assemblymember Amy Paulin is pushing for a bill that would help prosecutors bring forth witnesses in sexual assault cases after Harvey Weinstein's criminal conviction was overturned last month. | Courtesy of the Office of Amy Paulin | Assemblymember Amy Paulin never wanted to have to introduce a bill to help bolster sex crimes cases for prosecutors. But then New York’s top court overturned the conviction of former Hollywood mogul Harvey Weinstein. Paulin will spend the next four weeks in Albany pushing for a bill meant to enable prosecutors to introduce evidence in sex crimes cases that offer a window into a defendant’s prior “bad acts” that can help establish a pattern of behavior. “We don’t need one more woman unable to prove her case,” she said. Using “Molineux Rule” evidence has come into question after the state Court of Appeals overturned Weinstein’s 2020 conviction for first-degree criminal sex act and a third-degree rape charge. The decision found he did not receive a fair trial when testimony from women who accused Weinstein of sexual abuse not part of the criminal charges was allowed. But Paulin, who has spoken about her own experience as a survivor of rape, had a bill ready to go. “It was done with Harvey Weinstein in mind,” Paulin, a Westchester County Democrat, told Playbook. “I was hoping to never need the bill. Now that the court has overturned it, it’s become a priority.” Paulin has until June 6 to get the measure over the finish line because that’s when the session ends. The bill would codify into state law the federal rules of evidence — giving a firm legal backing for prosecutors to submit evidence of a sex crimes defendant’s past acts in order to establish a pattern of behavior. If approved, New York would join 16 other states that have similar laws on the books. The accusations against Weinstein helped to ignite the #MeToo movement, a global reckoning over sexual assault, rape and harassment. But at the same time, the measure is meant to address how difficult sexual assault cases can be for prosecutors. Bragg’s office is expected to retry Weinstein after Labor Day. It’s not yet clear if his office will use Molineux evidence in the second Weinstein trial. Still, the Manhattan district attorney’s office has been working to address the issue. “Our mission to center survivors includes working to ensure our laws reflect the reality of sexual assault, while protecting the rights of the accused,” Bragg spokesperson Emily Tuttle told Playbook in a statement. “We are working hand-in-hand with stakeholders to modernize and clarify New York’s laws pertaining to Molineux evidence so prosecutors around the state can better secure justice for survivors.” But first, a bill has to clear all the hurdles in Albany. Hochul has said her office is assessing the impact of the Court of Appeals’ ruling. Senate Majority Leader Andrea Stewart-Cousins told reporters Tuesday that if there is “something that could make the case stronger we would obviously be interested in looking at that.” And GOP lawmakers have slammed the court’s 4-3 ruling. So they remain open to a legislative fix in the wake of the decision, and they could pressure the Democrat-led Legislature to make a move. “This completely disregards victims’ rights and almost makes it almost impossible, unless you have some really unique circumstance, to prosecute acquaintance rape cases,” GOP Sen. Anthony Palumbo said. — Nick Reisman HAPPY WEDNESDAY: Got news? Send it our way: Jeff Coltin, Emily Ngo and Nick Reisman.
| | | | A message from Safety Runs First: ADVANCING EQUINE SAFETY IN HORSERACING: Thoroughbred racing is applying unprecedented resources to protect the wellbeing of our horses. For the first time ever, all horses now run under the same safety and anti-doping rules, overseen by the Horseracing Integrity and Safety Authority (HISA). Advanced diagnostic technologies and big data add a new layer of protection. Combining uniform rules and hands-on care with the latest technologies ensures safety always runs first. To learn more visit SafetyRunsFirst.com. | | | WHERE’S KATHY? In New York City with no public schedule. WHERE’S ERIC? No public events scheduled at this time. QUOTE OF THE DAY: “Nobody deserves to live in a room with 300 cots. This is not a humanitarian effort.” — Brooklyn resident Mary Chang, who was among the residents raising concerns about the conditions for thousands of migrants who are housed in a compound of shelters in a two-block radius.
|  | ABOVE THE FOLD | | |  New details came out Tuesday when adult film star Stormy Daniels took the stand in former President Donald Trump's Manhattan hush money trial. | Elizabeth Williams/AP | STORMY ROLLS IN: “We don’t need to know the details,” Judge Juan Merchan had cautioned ahead of Stormy Daniels’ testimony on her alleged sexual affair with Donald Trump. And yet, the details came out Tuesday when the adult film star took the stand in the former president’s Manhattan hush money trial. They were so lurid that Trump’s defense team moved for a mistrial, saying prosecutors went beyond the scope of the testimony they were permitted to elicit. Merchan denied the motion, saying the defense had directed the testimony away from the evidence too. Daniels’ account of her encounters with Trump marked one of the tensest days yet of his now-four-week-old trial on charges of falsifying business records to cover up the payments to suppress her story. Prosecutors say the hush money was an attempt to influence the 2016 election. Attorneys for the presumptive 2024 GOP nominee for president, however, may have helped their case by painting Daniels as opportunistic and vindictive. “Am I correct that you hate President Trump?” defense attorney Susan Necheles asked. “Yes,” Daniels responded, who added she wanted Trump “held accountable.” Meanwhile, with Trump potentially facing jail time for violating his gag order, Mayor Eric Adams told reporters Rikers Island stands ready, though he said he didn’t want to discuss a hypothetical scenario. Daniels is set to return to the stand on Thursday. — Emily Ngo
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United Federation of Teachers president Michael Mulgrew called on the Department of Education to hire 3,000 educators to reduce class sizes in 856 New York City schools, at a cost of $180 million. | Mike Groll/AP | CLASS SIZE DEBATE: Over 850 high-need schools in the city have enough space to lower class sizes by September, an analysis by the city’s powerful teachers union found. More than 300,000 students attend the 856 schools that get federal money for large percentages of pupils from low-income families, according to the union’s survey. “It’s time for New York City to roll up its sleeves and do what needs to be done,” United Federation of Teachers president Michael Mulgrew said during a press conference in Lower Manhattan. The DOE, he said, must hire 3,000 educators to reduce class sizes in the schools, at a cost of $180 million. This marks the latest push by the union — for whom the class size law is a priority — to pressure Adams to comply with the statute, which Adams had called an unfunded mandate. Mulgrew secured key concessions as part of a deal to extend mayoral control of schools for two years that includes more financing capacity to build schools and classrooms. The DOE said the price tag would exceed $180 million. “We have been in constant engagement with the UFT and [principals union] regarding the class size reduction plan that must be posted today, and we will continue to stay in compliance with the law,” agency spokesperson Nathaniel Styer said in a statement. — Madina Touré LINCOLN’S CIVIL WAR: Adams isn’t the word police, he often says — but he sure didn’t like Council Member Lincoln Restler’s tone at a hearing last week, where he questioned whether the city’s Chief Equal Employment Opportunity Officer Melody Ruiz may not be impartial in judging cases of alleged workplace harassment since she is a longtime employee of Adams. “Hours later, she was hyperventilating, crying. Her name was maligned,” Adams said about Ruiz, doubling down on the letter his administration sent asking the council for an ethics investigation into Restler for his conduct. Restler’s questioning was pointed and mildly aggressive — with the focus being on whether alleged sexual harassment victims of Adams’ adviser and ally Tim Pearson would get a fair hearing. But Adams disagreed with Playbook’s assessment. Being a council member “does not give you the authority to degrade people,” he said. “There should be a level of decorum that’s expected as you question. And if that’s normal behavior, based on your observation, something is wrong.” Do NYPD leaders adhere to that level of decorum, Playbook asked? “Yes, they do,” Adams responded. “I think we are the kindest and the gentlest and the most loving police department on the globe.” — Jeff Coltin More from the city: — Adams made a ‘symbolic gesture’ by drinking water at a public housing complex where residents have concerns about toxicity. (POLITICO) — Adams donated $5,000 of his own money for information on vandals who defaced a World War I memorial by spray-painting “Gaza” and “Free Palestine.” (CBS News NY) — NYPD Chief of Patrol John Chell canceled a planned appearance at a Queens Republican event. (Daily News)
| | | | A message from Safety Runs First:   | | | | | NEW FROM PLANET ALBANY | | | 
Following several arrests of pro-Palestinian SUNY student protesters, SUNY Student Assembly president Alexander Ruiz called on university leadership and law enforcement to respect students’ rights to demonstrate peacefully. | Jim McKnight/AP | SUNY STUDENT ASSEMBLY SPEAKS UP: SUNY Student Assembly president Alexander Ruiz late Monday called on university leadership and law enforcement to respect students’ rights to demonstrate peacefully. His statement comes after several instances of law enforcement arresting SUNY students at protests over the war in Gaza. “We at the Student Assembly have an obligation to ensure we all have the spaces to support the ideals and practices of all our students without the fear of being antagonized by those whom may act in bad faith,” Ruiz said. “While it should be the institution's responsibility to protect and reflect the needs of students, it has been the responsibility of students all over our university system and community at large to ensure our right to organize is protected.” Ruiz went on to call on law enforcement to “exercise their presence with great discernment” so that students won’t have to live in fear of excessive force when out at peaceful protests. — Katelyn Cordero DRAW UP A CHAIR: Rochester Democratic Sen. Jeremy Cooney was appointed the new chair of the Senate Transportation Committee, Stewart-Cousins announced Tuesday. The move keeps the chair in Western New York's hands. Cooney replaces Democrat Tim Kennedy, who was sworn into a Buffalo-area House seat this week. “When I think about transportation, I think about more than roads and bridges, I see opportunities for economic growth, ways we can prioritize job equity, pathways to protecting our environment, and technological innovation,” Cooney said. “It’s time to think bigger about how we invest in our transit systems because transportation is about growing New York state.” — Nick Reisman GRADUATION MEASURES UPDATE: The state Education Department will announce the roadmap to a revamp of graduation measures during its monthly Board of Regents meeting in June. On Monday, the department outlined what’s happened since recommendations were announced in the fall before the board. While action is yet to be seen on the 12 recommendations issued by the Blue Ribbon Commission — a group of education professionals, parents and students charged with issuing recommendations on what requirements for earning a diploma in the state will look like — the department will have a roadmap for what steps the board can take in June and in the fall. The changes will look at creating more options to earn a diploma; having more flexibility with assessment requirements; adding “life-ready” credit requirements and ensuring curriculums, instruction and assessments are reflective of the diversity in the state. Some Regents members did air some concerns over ensuring that the state continues to maintain high standards and take into consideration the diversity of the student body. “One of the challenges that we will face is ensuring that we have the right type of policies to support the work of the commission,” Chancellor Lester Young said at the meeting. “We are in the business of preparing young people for 2050, when you think about it, for a world that is going to be very different.” “We want to make sure as a board that we establish the right policies that provide the proper guidance for the over 700 school districts in NYS,” he added. — Katelyn Cordero More from Albany: — The state Board of Regents is considering a gender-neutral rule for school sports. (Newsday) — A judge tossed the proposed Equal Rights Amendment off the November ballot, but an appeal is certain. (POLITICO) — The first $3.6 million in public matching funds has been doled out. (POLITICO Pro)
| | KEEPING UP WITH THE DELEGATION | | |  Hudson Valley congressional candidate Alison Esposito's campaign recorded two $529 monthly payments this year to the Icon Parking garage near her Upper East Side apartment. | Michael M. Santiago/Getty Images | AT LEAST IT WASN’T PLACARD ABUSE: Hudson Valley congressional candidate Alison Esposito is going to pay for her own parking in Manhattan after Playbook flagged some potentially illegal campaign payments. The Republican’s campaign recorded two $529 monthly payments this year to the Icon Parking garage near her Upper East Side apartment. That would seem to violate Federal Election Commission rules prohibiting the personal use of campaign funds. “The campaign card was mistakenly charged,” Esposito campaign manager Ben Weiner said in a statement to Playbook. “As soon as we became aware, the situation was immediately rectified, and the charges were reversed.” Esposito only registered to vote in NY-18 last year, and while her campaign said she was born and raised in Orange County and has long had a second home there, her Democratic opponent has tagged her as a Manhattanite. “The FEC is going to have a field day with Upper East Side Alison,” a spokesperson for Rep. Pat Ryan’s campaign said in a statement. “We can all agree that welcoming NYC tourists to the Hudson Valley is great for our economy, but they shouldn’t be running to represent us in Congress; and they sure as hell shouldn’t be expensing $529 a month for their NYC parking spot.” Esposito’s campaign committee for her 2022 lieutenant governor run also made four similar payments to the Upper East Side garage. — Jeff Coltin More from Congress: — Former Rep. Mondaire Jones and Josh Riley are among the 10 Democrats running for Congress benefiting from a coalition that bundles money from wealthy Wall Streeters and other rich Democrats. (POLITICO)
| | NEW YORK STATE OF MIND | | — New York state is now trying to revitalize a Buffalo neighborhood split by the Kensington Expressway, but the effort has spurred intense backlash among some residents. (New York Times) — The NYCLU asked a Nassau County Supreme Court justice to suspend the county’s sports ban on transgender women and girls. (Daily News) — A for-profit school for students with autism operates with little oversight from state officials, even though it receives funding from dozens of school districts. (ProPublica)
| | | | A message from Safety Runs First: BRINGING RACING INTO THE 21ST CENTURY: Three years ago, Congress created the Horseracing Integrity and Safety Authority (HISA) to enhance the safety and integrity of Thoroughbred racing. Under HISA, for the first time in the sport’s 200-year history, every horse across the country is now running under the same safety and anti-doping rules. In addition, HISA is partnering with leading technology providers, including AWS and Palantir, to create new data-enabled tools to assist veterinary screenings. These tools add a new layer of protection by helping identify at-risk horses before they reach the starting gate.
The industry is also investing in the latest technologies for diagnostic imaging and wearable biometric devices. Combining enhanced, uniform rules, data analytics and cutting-edge technologies is improving safety outcomes and enhancing the ecosystems of care at every track nationwide, ensuring safety always runs first. To learn more visit SafetyRunsFirst.com. | | | | | SOCIAL DATA | | Edited by Daniel Lippman SHE LEGISL-ATE: City Council Speaker Adrienne Adams paid out of pocket for the flowing, Pepto Bismol pink gown she wore to the Met Gala Monday night, her office told Playbook. The dress by Colombia-born, CUNY grad, Harlem-based fashion designer Edwing D’Angelo paid homage to both the Harlem Renaissance and Parisian couture, her office shared in a release. “She legislATE i fear,” council staffer Fraynette Familia said on X, but an anonymous user compared it to spilled strawberry milk. “She looked great,” Council Member Chi Ossé, who didn’t go this year, said. “I think I raised the bar in how electeds should turn up to the Met Gala,” he quipped. Tickets are something like $75,000, but certain government officials get invited by the Metropolitan Museum of Art for free, since it’s on parkland and is partially funded by the city budget. But pols like Rep. Alexandria Ocasio-Cortez have still gotten heat for the ethical issues of attendance. Other political world folks attending included Comptroller Brad Lander, Cultural Commissioner Laurie Cumbo, Parks Commissioner Sue Donoghue, Mike Bloomberg, Rev. Al Sharpton and Council Members Carlina Rivera, Keith Powers and Gale Brewer, who also bought her own dress, and walked in behind Jennifer Lopez. — Jeff Coltin FIRST IN NY PLAYBOOK — MEDIAWATCH: In the latest example of changes instigated by Wall Street Journal editor Emma Tucker, the vaunted investigative team of the Journal has been told that more investigative stories have to be “on the news” pieces that can be turned around more quickly and not just long investigative projects, five people familiar with the matter told Daniel. One source said there is “huge apprehension about the new mandate” and there is a sense that editors want more stories from the team. The unit is “going through a giant upheaval” with recent turnover, the person added. “It was clear that Emma doesn’t have the patience for careful, thoughtful enterprise,” added a person who’s recently left the paper. After longtime investigative editor Mike Siconolfi left, Tucker picked one of his deputies, Christopher Stewart, to take over even though he had several years less editing experience than the other deputy, Jennifer Forsyth, who then left to head up D.C. investigations for the N.Y. Times. While the job posting asked for “at least 10 years experience managing reporters at a very high level,” Stewart, who was seen as having the internal track on getting the job, was chosen even though he had only been an editor for seven years. On Monday, the Journal’s investigative team was also dealt a blow after the paper was shut out of either being a winner or a finalist for the Pulitzers for the first time since 2018. “Our investigative team is bringing its considerable skills to bear on a range of investigative stories,” a WSJ spokesperson said in a statement. “Some of those will be long-planned projects; others will come about because the world changes and news develops. All will be ambitious stories driven by investigative muscle and investigative techniques.” — “The Collapse of the News Industry Is Taking Its Soul Down With It: The decline of the media is sapping journalism of a crucial tool,” by POLITICO Magazine’s Jack Shafer HAPPY BIRTHDAY: Bill de Blasio … AP’s Chris Megerian … CNN’s Ed Meagher … Arena’s J. Peter Donald … (WAS TUESDAY): Dr. Pesha C. Kletenik ... Sandy Galef
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