Defendants Challenge Attorney General Letitia James’ Role in Cornell Sexual Assault Investigation

On Thursday, New York State Supreme Court Justice James Farrell will hear oral arguments on a petition to remove Attorney General Letitia James as special prosecutor in the criminal investigation of the alleged gang-rape at Cornell University’s Chi Phi fraternity house. The petition, filed by attorney Andrew Miltenberg for student Gillio Lopes, argues that James’ public comments demonstrate bias and therefore disqualify her from overseeing the case.

CNNWAMC - NPR - AlbanyChi Phi Defendant Hires Attorneys Who Represented Sean ‘Diddy’ Combs, Harvey Weinstein, Seeks Letitia James’ Removal from Investigation Cornell Sexual Assault Accuser Wins Court Ruling to Protect Her Identity Cornell Jane Doe refuses to remove one of the seven men she claims gang-raped her from lawsuit after he said allegation was wildly overblown

The civil lawsuit filed on September 16 accuses seven former fraternity members of drugging and raping a student identified only as Jane Doe during the night of October 19-20, 2024. Governor Kathy Hochul appointed James as special prosecutor on October 1, citing a loss of confidence in the Tompkins County district attorney. Defendants, including Winston Lee, have contested the appointment, filing motions that cite alleged bias.

Chi Phi Defendant Hires Attorneys Who Represented Sean ‘Diddy’ Combs, Harvey Weinstein, Seeks Letitia James’ Removal from Investigation

• September 28 – James posts on X expressing empathy for “the young woman.”

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• October 1 – Governor Hochul signs the executive order naming James special prosecutor.

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• October 7 – Miltenberg files an Article 78 petition to void the appointment.

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• Thursday – Justice James Farrell hears arguments on the petition.

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• Seven former fraternity members are named in the civil complaint.

Cornell Jane Doe refuses to remove one of the seven men she claims gang-raped her from lawsuit after he said allegation was wildly overblown

• Two legal challenges have been lodged to remove James from the case.

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James’ legal team argues that the governor’s appointment is within executive authority and that the September 28 post was a “single empathetic remark” that does not constitute prejudgment. They describe the defendants’ concerns as “wildly speculative” and the alleged harms as “uncertain” and “hypothetical.”

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Miltenberg maintains that James’ public expression of solidarity shows a presumption of guilt and that an impartial investigator must not have previously taken a stance on the allegations.

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• “It has nothing to do with it being Letitia James,” — Andrew Miltenberg

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• “We would take anyone at this point who has not made the kind of prejudgment statement,” — Andrew Miltenberg

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• “I can say with 100% confidence I was raped.” — Van Houten

Cornell Sexual Assault Accuser Wins Court Ruling to Protect Her Identity

The dispute centers on whether James’ social-media statement amounts to bias that disqualifies her. James’ attorneys call the claim speculative and non-justiciable; defendants argue the comment could influence grand-jury proceedings. No court ruling on the petition has been issued.

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Justice James Farrell will consider the arguments on Thursday. A decision will determine whether Attorney General Letitia James remains the special prosecutor and could set precedent for the impact of public statements by appointed officials in ongoing investigations.

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