Judge Hears Arguments on Attorney General’s Role in Cornell University Rape Case

A Sullivan County judge recently presided over a significant hearing to decide whether New York Attorney General Letitia James should be removed as the special prosecutor in the reopened criminal investigation into an alleged gang rape at Cornell University. The session concluded without an immediate decision from Judge James Farrell.

Details of the Hearing

The hearing was initiated by defense attorney Andrew Miltenberg on behalf of Gillio Lopes, one of the accused individuals. Lopes is among seven former Chi Phi fraternity members accused of drugging and raping a female student at a fraternity house in October 2024.

Miltenberg argued that Letitia James’ past social media comments showed a bias, compromising her ability to serve as a neutral prosecutor. James had posted statements expressing support for the alleged victim, stating, “What this young woman has been forced to endure is horrific and unacceptable.” Defense counsel cited these posts as evidence of a pre-existing bias.

Response from Attorney General’s Office

The office of Attorney General Letitia James responded to the allegations, stating that the claims of bias are unfounded. They emphasized their commitment to a fact-driven, evidence-based investigation.

State’s Defense of Appointment

Assistant Attorney General Kaitlin Vigars defended the appointment process. She asserted that public statements alone don’t satisfy legal criteria for disqualification. Vigars highlighted that disqualification requires proof of actual prejudice, not hypothetical bias.

Judicial Concerns

Judge Farrell inquired about the procedural aspects leading to James’ appointment and if Governor Kathy Hochul was informed of James’ social media comments. Farrell expressed concerns about potential conflicting legal rulings if challenges arise in different jurisdictions.

Actions by Governor Hochul

Governor Kathy Hochul appointed James as special prosecutor to address the local district attorney’s decision not to file charges. Moving forward, she announced all sexual offense complaints at Cornell University will be handled by New York State Police, unless the complainant requests otherwise.

Every student deserves to feel safe on their campus. When someone reports sexual assault, they deserve to be treated with compassion and their allegations thoroughly investigated.

A formal written ruling is anticipated in the coming days regarding whether James will continue as special prosecutor or if a reassignment is necessary.