A judge in Sullivan County is deliberating on whether New York Attorney General Letitia James should be dismissed as the special prosecutor in a revived criminal investigation regarding an alleged gang rape at Cornell University. On Thursday, Judge James Farrell heard arguments without reaching a verdict.
The legal challenge came from defense attorney Andrew Miltenberg, representing Gillio Lopes. Lopes is among seven ex-members of the Chi Phi fraternity accused in a lawsuit of drugging and raping a Cornell student inside their fraternity house in October 2024.
“What this young woman has been forced to endure is horrific and unacceptable,” James posted online. “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 argued that James’ prior social media comments indicate a bias, undermining her neutrality as a prosecutor. He labeled these comments as an “original sin” compromising her objectivity.
A spokesperson for James’ office stated on Thursday that the claims against her are unfounded. The office maintains its commitment to an investigation based on facts, evidence, and the law.
Assistant Attorney General Kaitlin Vigars defended James’ appointment, arguing that public statements don’t suffice for disqualification. Vigars emphasized the need to show actual bias, not assumptions, to warrant removal.
Judge Farrell questioned the process leading to James’ role, including possible awareness by Gov. Kathy Hochul of James’ statements prior to appointing her. Farrell highlighted potential procedural issues, warning against conflicting rulings across jurisdictions.
Hochul appointed James on Oct. 1 after bypassing Tompkins County’s district attorney. As per Hochul, all sexual offense reports at Cornell are now directed to New York State Police unless specified otherwise by the reporting individual.
“Every student deserves to feel safe,” Hochul remarked. She emphasized the importance of listening to survivors and ensuring their allegations are taken seriously, promising a thorough investigation by trained law enforcement.
The judge’s decision regarding James’ role in the investigation is anticipated in the coming days.