New York Attorney General Letitia James faces calls to recuse herself from the Cornell sexual assault investigation. An attorney for one of the accused students questioned whether James had publicly accepted the allegations before she took over. Andrew Miltenberg, representing one of seven fraternity members accused in civil court, contends James’ earlier support for the accuser affects the perception of impartiality.
Miltenberg emphasized the need for a fair investigation without preconceived notions. He raised concerns about public confidence in the process. A noteworthy aspect of the case involved Governor Kathy Hochul appointing the Attorney General’s office as special prosecutor. This move replaced Tompkins County District Attorney Matthew Van Houten in handling the allegations from October 2024 at Cornell’s Chi Phi fraternity house.
Jane Doe claims she was drugged and sexually assaulted by seven former fraternity members. Some of the men denied any wrongdoing, stating the encounter was consensual. No criminal charges have been filed. Miltenberg highlighted James’ comments made prior to her appointment, where she described the accuser’s experience as “horrific and unacceptable.” During a news conference, James refused to discuss her past social media statements.
Fox News contributor Donna Rotunno and Miltenberg urged for fairness in reopening the investigation, given James’ past remarks. Despite this, James maintains that facts and law will guide the investigation. Miltenberg stresses his concerns are not political and recognizes the seriousness of the allegations.
Miltenberg urges James to step aside to allow impartial prosecutors to lead the case. He asserts that such a move would enhance the investigation’s credibility rather than weaken it. The attorney emphasizes the importance of public trust in the independence of those leading the investigation. He believes that the considerations prompting a special prosecutor should apply to the lead investigator as well.
The case resurfaced following a civil lawsuit filed on September 16, nearly two years post-incident. The lawsuit names Cornell University, fraternity entities, Doe’s sorority, and a local bar, among others, for failing to protect Doe. Initially, Van Houten declined criminal charges, finding the police report inadequate under New York law. However, he later revived the investigation with new evidence.
Critics question why prosecutors did not request the full investigative report before dropping the charges. Rotunno cautions against allowing public opinion to influence outcomes without a complete understanding of the facts. Separately, Cornell has commissioned an independent review of their handling of the allegations, resulting in two expulsions and two suspensions.
Cornell supports the appointment of a special prosecutor and commits to an external review of their processes. Miltenberg stresses that any decision on criminal charges should come from unbiased prosecutors. He suggests that James’ recusal in favor of an impartial investigator within her office could resolve concerns about impartiality.