New York Attorney General Letitia James is facing calls to withdraw from the investigation into a reported sexual assault at Cornell University. An attorney for one of the accused students questions if James had accepted the allegations before taking the case.
Andrew Miltenberg, representing one of seven accused former fraternity members, expressed concerns over impartiality. He stated that public confidence in the investigation might be shaken due to James’ previous statements supporting the accuser.
“The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts,” Miltenberg highlighted.
Governor Kathy Hochul appointed James’ office as special prosecutor, succeeding Tompkins County District Attorney Matthew Van Houten, to handle the alleged October 2024 assault at the Chi Phi fraternity house.
The accuser, referred to as Jane Doe, claims the fraternity members drugged and assaulted her. The men denied any wrongdoing, with some stating the encounter was consensual. At present, no criminal charges have been made.
Miltenberg criticized James over her prior comments, which he believes compromise her impartiality. The attorney suggested that James should recuse herself, allowing senior prosecutors without such public comments to lead the investigation.
Criminal defense attorney Donna Rotunno echoed these concerns, emphasizing the need for a fair investigation.
“There is nothing improper about expressing compassion for someone who reports a sexual assault,” Miltenberg said. “But there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation.”
The case resurfaced after Doe’s civil lawsuit, which also named Cornell and other parties for not protecting her adequately.
Initially, Van Houten declined criminal charges due to lack of crime evidence under New York law but reopened the investigation post-lawsuit.
New scrutiny emerged when missing information was presented, highlighting the need for thorough evidence collection. Rotunno questioned the DA’s methods, warning against public opinion driving decisions.
Cornell, committing to an independent review, disciplined some students but clarified these actions differed from the criminal investigation.
Miltenberg insists any decision on charges must be by impartial prosecutors, suggesting that James’ recusal would enhance public trust in the process.