Judge Reviews Bias Claims Against NY Attorney General in Cornell Case

A judge in Sullivan County examined arguments to decide if New York Attorney General Letitia James should be removed as special prosecutor in a reopened case at Cornell University. The case involves allegations of gang rape. The hearing ended without an immediate decision from Judge James Farrell.

Defense attorney Andrew Miltenberg represents Gillio Lopes, one of seven former Chi Phi fraternity members accused of drugging and raping a female student at Cornell in October 2024. Miltenberg contested James’ neutrality due to her previous social media remarks on the case.

James had expressed support for the alleged victim online, saying, “What this young woman has been forced to endure is horrific and unacceptable.” This prompted Miltenberg to argue that such statements show a pre-existing bias, affecting her role as a neutral party.

“Whether it affects all or just one, either the court determines the statements made by AG James take her out of contention to be neutral party reviewing case or not,” Miltenberg argued, citing these statements as detrimental to the case’s fairness.

In response, a spokesperson for James’ office defended her role, stating the claims lack merit and that the investigation focuses on facts and law. Assistant Attorney General Kaitlin Vigars also defended James, arguing that public statements alone do not legally require removal from the case.

Judge Farrell questioned whether New York Governor Kathy Hochul and James communicated about James’ comments before her appointment as special prosecutor. He raised concerns over possible conflicting legal rulings if challenged across jurisdictions.

Hochul assigned James as the special prosecutor after bypassing the Tompkins County district attorney, who previously declined charges. This step shifted all sexual assault reports at Cornell to the New York State Police, prioritizing robust investigations.

The judge is expected to release a formal ruling soon on James’ continued involvement in the case. Governor Hochul emphasized the need for safety and thorough investigation of sexual assault allegations, reinforcing survivors should trust protective institutions.