New York Attorney General Letitia James is being urged to withdraw from the investigation into an alleged sexual assault at Cornell University. This comes after a lawyer for one of the accused students questioned whether she had accepted the allegations before taking on the case. Andrew Miltenberg, representing one of seven former fraternity members accused in a civil lawsuit, expressed concern over James’ previous supportive statements for the accuser.
Miltenberg emphasized the importance of public confidence in an unbiased investigation. He stated, “The public needs assurance that the investigation starts with no predetermined view of the facts.”
Governor Kathy Hochul appointed the attorney general’s office as a special prosecutor, replacing Tompkins County District Attorney Matthew Van Houten. This decision follows accusations from a woman, known as Jane Doe, who claims that seven former fraternity members drugged and sexually assaulted her in October 2024. The accused men have denied wrongdoing, with some saying the activities were consensual and others denying involvement. Criminal charges have not been filed.
The concerns stem from James’ prior comments describing the accuser’s experiences as “horrific and unacceptable.” During a news conference, James did not comment on these concerns but assured the investigation would focus on facts and law.
Miltenberg argued that James’ public remarks create an “appearance-of-impartiality problem.” He suggested James recuse herself to allow senior prosecutors, who have not commented on the allegations, to lead the investigation. Miltenberg maintained this step would enhance the investigation’s credibility.
The case has seen renewed attention following a civil lawsuit filed by Doe on September 16. The lawsuit, which also names Cornell and related entities, alleges failures to protect her. Van Houten initially declined criminal charges due to insufficient evidence but reopened the investigation after the lawsuit surfaced.
CBS News identified additional information from Doe’s police interviews that Van Houten had not reviewed. This led him to reconsider the initial investigation’s conclusions.
Donna Rotunno, a criminal defense attorney, questioned why complete investigative records were not sought initially. She cautioned against public opinion driving the case, emphasizing, “Public reaction should not dictate the course of justice.”
Cornell has agreed to an independent review of its handling of the allegations. Its disciplinary proceedings resulted in various actions against students involved, including expulsions and suspensions. These proceedings are distinct from the criminal investigation.
Cornell supports the special prosecutor’s appointment and commits to a review of its case management. Miltenberg reiterated that charges should originate from prosecutors whom the public trusts as impartial.