An attorney representing one of the accused in the “Cornell 7” case has urged New York Attorney General Letitia James to step back from the investigation, citing concerns over bias against the students.
Andrew Miltenberg, the attorney, pointed to James’ previous remark expressing support for the accuser and the distress she has experienced. He suggested this raises doubts about her impartiality, indicating this question was, perhaps, avoidable. Miltenberg said on Sunday, “There’s nothing wrong with showing compassion for someone who reports a sexual assault.”
However, he highlighted that there is a clear distinction between supporting someone making an allegation and seemingly accepting the truth of that allegation before an investigation has even taken place. The key issue, he noted, is whether the public can trust that the investigation starts with an open mind about the facts.
Miltenberg proposed a straightforward solution: if James recused herself, it could instill greater confidence in the investigation’s findings, allowing a more neutral prosecutor from her team to take over. His comments came after New York Governor Kathy Hochul appointed James to oversee the investigation into the alleged gang rape, replacing Tompkins County District Attorney Matthew Van Houten.
Updates on the ‘Cornell 7’ Fraternity Investigation:
Before her appointment, James faced criticism for a Facebook post that some observers felt signaled she might lack objectivity. In her comments, she referred to what Jane Doe had endured as “horrific and unacceptable,” expressing solidarity with her.
Last week, James brushed aside concerns about her objectivity stemming from the post, claiming she would not comment on it during a Friday press briefing. She emphasized that the investigation would be based on “the facts and the law.”
So far, none of the seven fraternity brothers have faced criminal charges related to the alleged incident at a fraternity party in October 2024. During the same press conference, Gov. Hochul criticized how the case had been managed initially, stating that Jane Doe was let down by those who should have protected her.
Additionally, Hochul pointed out that the case, which has drawn national attention, revealed a loophole in state law, indicating that if an individual voluntarily consumes drugs or alcohol, it creates a more challenging environment for pursuing sexual assault claims.
Former President Donald Trump recently described James as “totally corrupt,” expressing concern that the seven accused wouldn’t receive a fair investigation under her leadership and remarked feeling sorry for whoever she was prosecuting.
Initially, Van Houten did not pursue charges, reasoning that Jane Doe’s signed statement to the Cornell University Police did not meet the criteria for a crime under New York law. However, he reopened the case after she filed a lawsuit last month, which reportedly included new information.
Cornell University has also decided to conduct an independent review of how the initial investigation was handled. This led to disciplinary actions within the university, resulting in two expulsions and two students receiving suspensions of at least two semesters. Notably, one student graduated before any disciplinary measures could be taken, while two others were found not responsible for sexual misconduct.
Some of the accused students acknowledged having sexual contact with Jane Doe but asserted that it was consensual, according to a report from the New York Times.
If you or someone you know is experiencing any of the issues discussed in this story, you can reach out to the Sexual Assault Hotline at 800-656-HOPE (800-656-4673).
