Calls for Recusal in Cornell Assault Investigation

New York Attorney General Letitia James faces pressure to step down from the Cornell sexual assault investigation. Concerns center around potential bias due to her previous supportive statements for the accuser.

Andrew Miltenberg, representing one of the accused students, criticized James’ earlier statements. He suggested they risk the public’s trust in her impartiality, stating, “The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts.”

Governor Kathy Hochul appointed the attorney general’s office to replace Tompkins County District Attorney Matthew Van Houten in the case. The allegations date back to October 2024 at Cornell’s Chi Phi fraternity house. The woman, identified as Jane Doe, claims seven former fraternity members drugged and sexually assaulted her. They deny the accusations, citing either consensual activity or non-involvement.

The civil lawsuit claims Jane Doe was assaulted at the Chi Phi fraternity house. Miltenberg argues James’ past comments depict a lack of objectivity. In response to criticism, James stated, “I will not comment on a Facebook post.”

Donna Rotunno, a criminal defense attorney, echoed concerns about James’ impartiality, emphasizing the need for a fair investigation: “It should be impartial. It should not be from someone who’s already made a public statement on Facebook.” James has insisted the investigation will adhere strictly to “the facts and the law.”

Miltenberg clarified that his concerns are apolitical, focusing on maintaining public trust and impartiality. He suggested that James recuse herself while other uninvolved prosecutors manage the investigation: “That would not weaken the investigation. It would strengthen it.”

Criticism of the original investigation emerged after Doe’s civil lawsuit was filed. Van Houten had initially declined criminal charges, citing insufficient evidence from Cornell’s police report. After reviewing new information, Van Houten reopened the inquiry.

Questions were raised regarding why the complete police records were not initially procured, with Rotunno questioning prosecutorial diligence.

Cornell has agreed to independently review its handling of the allegations. University President Michael Kotlikoff noted the disciplinary actions taken internally, separate from the criminal investigation. Cornell supports the special prosecutor’s appointment and commits to a thorough review of its processes.

Miltenberg emphasized that decisions on charges should stem from unbiased prosecutors. He asserts that James’ recusal would ease public doubt about impartiality.