Accused student's lawyer urges New York AG Letitia James to recuse herself
A lawyer for one of the accused fraternity members has asked Attorney General Letitia James to step aside, saying her earlier public comments on the alleged assault create an appearance of bias.
A lawyer for one of the seven former Cornell fraternity members accused in a civil lawsuit has called on New York Attorney General Letitia James to withdraw from the special-prosecutor investigation. Andrew Miltenberg argues that James’ earlier Facebook remarks describing the alleged assault as “horrific” and expressing solidarity with survivors create an appearance of bias. He proposes that senior prosecutors in her office, who have not publicly commented, assume leadership of the probe.
The allegations stem from an October 2024 incident at the Chi Phi house, with the accuser, identified as Jane Doe, claiming she was drugged and assaulted; the men deny wrongdoing and no criminal charges have been filed. Governor Kathy Hochul appointed the AG’s office to replace Tompkins County District Attorney Matthew Van Houten after new evidence surfaced. Critics, including a contributor at one outlet, echo Miltenberg’s concerns about fairness. Cornell has launched one outlet's review of its handling of the case.
Why it matters
Confidence in high-profile investigations hinges on the perceived impartiality of the officials overseeing them.
How this story developed
- Sep 25 Student thought to be Korean named among defendants in Cornell sexual assault lawsuit
- Sep 28 Cornell confirmed the Chi Phi fraternity chapter remains barred from operating on campus.
- Sep 29 DA released excerpts of the survivor’s police statement and senior prosecutor began preparing the case for a grand jury.
- Oct 1 Cornell has agreed to bring in an outside firm to investigate allegations of a gang rape on campus.
- Oct 1 Cornell President Michael I. Kotlikoff approved an independent third‑party investigation into the university’s handling of the 2024 fraternity assault allegations.
- Oct 2 Jane Doe filed a civil lawsuit alleging assault by former fraternity members.
- Oct 2 State officials have stepped in to review the university’s handling of the allegations.
- Oct 3 Governor Kathy Hochul appointed Attorney General Letitia James as a special prosecutor in the reopened investigation.
- Oct 4 Governor Hochul appointed Attorney General Letitia James as special prosecutor and Cornell announced an independent external review of its handling of the allegations.
- Oct 4 President Michael Kotlikoff issued a video statement pledging greater transparency and acknowledging the need for better prevention measures.
- Oct 4 The plaintiff’s attorney says threats have been made against both the plaintiff and himself to pressure a withdrawal of the lawsuit.
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