The attorney representing a former member of the Cornell University Chi Phi fraternity has expressed concerns regarding the recent appointment of New York Attorney General Letitia James as an independent prosecutor in a significant sex abuse lawsuit. His apprehensions stem from comments James made just days before her appointment, which he believes may indicate a bias in her perspective on the case.
Attorney Andrew Miltenberg shared his thoughts, stating, “This isn’t political or personal.” He referred to a post dated September 28 from James’ official account on X, where she showed support for a plaintiff identified as Jane Doe, saying, “We stand with you.” He suggested that such statements, delivered prior to an objective review of the evidence, might suggest that she has already taken sides.
James’s post included a message expressing her compassion for Doe’s experiences, indicating, “What this young woman has been forced to endure is horrific and unacceptable,” and noted that she was holding Doe and all survivors in her thoughts. This was followed by Governor Kathy Hochul’s decision to designate James’ office as the special prosecutor for a fresh investigation into the allegations.
Miltenberg underscored that while expressing empathy for survivors is important, a prosecutor involved in an independent investigation should not appear to endorse any central claims of the case. He asserted that James needs to clarify her position, hinting she should consider stepping back from the investigation to maintain impartiality.
On a related note, legal analyst Mehek Cooke criticized James’ appointment as “unprofessional” due to her previous statements on social media. She emphasized the potential difficulty for the defendants in this scenario, stating, “Imagine being on the other side,” pointing out that having a prosecutor who publicly supports one side can undermine the perceived fairness of the investigation.
Miltenberg, who specializes in Title IX and civil rights cases, represents a former fraternity member who continues to attend Cornell after receiving a year-long suspension. He claimed that the interactions between his client and Jane Doe were consensual, arguing that both parties contributed to that consent. However, he acknowledged the severe nature of the allegations and insisted they must be treated with respect.
The lawsuit itself names several former members of the fraternity along with Cornell University, Doe’s sorority, and a local bar, alleging that she was served drinks while underage. The incidents in question reportedly occurred during a night from October 19 to 20, 2024, leading to a complex series of investigations, including an initial report to university police by Doe in November 2024.
Although the university suspended the fraternity and began an investigation, local prosecutors opted not to pursue charges, citing discrepancies between initial evidence provided by Doe and more serious claims made during her subsequent police interviews. The situation has prompted ongoing discussions about the handling of such sensitive allegations and the necessary respect due to all individuals involved.
