Judge Weighs Request to Remove AG James from Cornell Rape Investigation

A judge in Sullivan County conducted a hearing on Thursday regarding whether New York Attorney General Letitia James should be withdrawn as the special prosecutor in the renewed criminal inquiry into an alleged gang rape at Cornell University.

The session concluded without an immediate ruling from Judge James Farrell.

This case arose from a motion brought forth by defense attorney Andrew Miltenberg, representing Gillio Lopes, one of the individuals implicated in the incident.

Lopes is among seven former members of the Chi Phi fraternity accused in a lawsuit of drugging and raping a female student at their fraternity house in October 2024.

Defense counsel argued that comments made by James on social media before her official designation as “special prosecutor” reveal a potential bias, undermining the prosecution’s impartiality.

James had posted, “What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you.”

During the court proceedings, Miltenberg asserted that these public expressions indicate a predilection against the accused, suggesting that they compromise the Attorney General’s role as a neutral party.

He referred to the statements as an “original sin” for the case, emphasizing the need for the court to consider whether James can remain unbiased.

A spokesperson for James’ office maintained that the defense’s claims lack merit, reiterating their commitment to conducting an investigation based solely on the facts and the law.

Meanwhile, Assistant Attorney General Kaitlin Vigars contended that James’ appointment by Governor Kathy Hochul should stand and argued that mere public statements do not suffice for disqualification.

Vigars stressed that to justify removal, there must be substantial evidence of actual bias, not just speculation.

Judge Farrell raised inquiries about the circumstances surrounding James’ appointment, specifically concerning whether Governor Hochul was aware of James’ comments and the implications of having those statements made publicly during the case.

Farrell expressed concerns about potential legal inconsistencies, warning against a scenario where multiple judges might reach differing conclusions.

Hochul appointed James on October 1 after the local district attorney in Tompkins County opted not to file charges.

At the end of the hearing, with no ruling issued, the judge is anticipated to release a formal written decision soon regarding James’ future as special prosecutor and whether the investigation should be reassigned.

On Thursday, Hochul noted that all sexual offense complaints at Cornell University will be referred to New York State Police instead of Cornell University’s Police, unless otherwise specified by the individuals filing the complaints.

“Every student deserves to feel safe on their campus,” she stated, adding that survivors should be treated with compassion and that their reports will be taken seriously by properly trained law enforcement.

“What Jane Doe described is horrifying. Survivors should be able to trust the institutions responsible for protecting them,” she concluded.