Judge weighs removing AG James from Cornell sex assault case

A Sullivan County judge heard oral arguments Thursday on whether New York Attorney General Letitia James should be removed as special prosecutor in the reopened criminal investigation into an alleged gang rape at Cornell University. Judge James Farrell did not issue a ruling at the close of the proceeding and is expected to deliver a formal written decision in the coming days on whether James remains on the case or the investigation must be reassigned.

The challenge was filed by defense attorney Andrew Miltenberg, who represents Gillio Lopes, one of seven former Chi Phi fraternity brothers accused in a lawsuit of drugging and raping a female Cornell student at their fraternity house in October 2024. Miltenberg argued that social media comments James posted before her appointment show a pre-existing bias and a presumption of guilt that undermines the prosecution's neutrality.

In one of those posts, James wrote, « What this young woman has been forced to endure is horrific and unacceptable », adding, « 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. » Miltenberg pointed to those statements as proof of a predetermined view, calling them an « original sin » for the case. He told the court that the question was whether the statements take James out of contention to serve as a neutral reviewer of the case.

A spokesperson for James’ office said in a statement sent to Fox News that the claims are without merit. « As indicated in our motion before the court, these claims are without merit, » the spokesperson said, adding that the office « remains committed to conducting an investigation guided only by the facts, the evidence, and the law. »

Representing the state, Assistant Attorney General Kaitlin Vigars defended Gov. Kathy Hochul’s appointment of James and argued that public statements alone do not meet the legal threshold for disqualification. Vigars contended that removal requires a showing of actual prejudice rather than speculative claims of bias.

Farrell pressed Vigars on the circumstances surrounding James’ appointment. He asked whether Hochul was aware of James’ social media comment, whether James and Hochul were standing together when the governor spoke about the « brave young woman, » whether that conduct raised professional conduct concerns, and whether the purpose of the appointment was to avoid bias. Farrell also warned about the risk of conflicting rulings if challenges proceed piecemeal across jurisdictions. « If multiple judges come down with decisions that’s chaos, » he said from the bench, adding that « the court should not fashion chaos. »

Hochul appointed James as special prosecutor on Oct. 1 after stepping in to bypass the local Tompkins County district attorney, who had previously declined to bring charges. The reopened investigation has drawn attention to a little-known New York law on intoxicated victims, and the case has become a focal point of broader scrutiny over how sexual assault complaints are handled at the university.

Hochul said Thursday that all sexual offense complaints at Cornell University will now be referred to the New York State Police rather than Cornell University Police, unless the complainant requests otherwise. In a statement, she said, « Every student deserves to feel safe on their campus, » adding that survivors « deserve to be heard, treated with compassion, and know their allegations will be taken seriously and thoroughly investigated by law enforcement trained to support survivors. » She also said, « Survivors should be able to trust the institutions responsible for protecting them. We cannot afford to let them down. »

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Connor Quincy

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Connor Quincy covers public affairs, politics, business, culture and daily news for Core Memo. The role focuses on verification, context, and clear explanations for readers.

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