A judge in Sullivan County recently considered arguments regarding New York Attorney General Letitia James’ involvement as special prosecutor in an ongoing criminal case involving allegations of gang rape at Cornell University. The hearing concluded without an immediate decision from Judge James Farrell.
The case originated from a lawsuit accusing seven former Chi Phi fraternity members of drugging and sexually assaulting a female student at their fraternity house in October 2024. One of the accused, Gillio Lopes, is represented by defense attorney Andrew Miltenberg, who has challenged James’ role due to perceived bias.
Defense arguments focused on James’ past social media comments before her official appointment, suggesting a bias that could impact the investigation’s impartiality. Miltenberg highlighted a post by James expressing solidarity with the victim, claiming it undermines her ability to remain neutral. ‘Whether it affects all or just one,’ Miltenberg stated, ‘the court must decide if AG James’ statements disqualify her as a neutral party.’
‘What this young woman has been forced to endure is horrific and unacceptable,’ James had posted. ‘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.’
Despite these challenges, a spokesperson for James’ office asserted that these claims lack merit, emphasizing the office’s commitment to an evidence-based investigation. Assistant Attorney General Kaitlin Vigars defended James’ appointment by Governor Kathy Hochul, arguing that public statements alone do not warrant disqualification without evidence of actual bias.
During the proceedings, Judge Farrell scrutinized the circumstances surrounding James’ appointment, questioning if prior knowledge of her comments might compromise professionalism or intentions to appoint an unbiased special prosecutor. Farrell also expressed broader procedural concerns, warning against disjointed legal rulings across different jurisdictions.
Governor Hochul had appointed James on October 1 to replace the local district attorney from Tompkins County who had previously decided not to press charges. Announcing further measures, Hochul mandated that all sexual offense accusations at Cornell University now go to New York State Police, unless redirected by the complainant. ‘Every student deserves to feel safe on their campus,’ Hochul stated. ‘They deserve a compassionate hearing, with allegations thoroughly investigated by trained law enforcement.’
A formal written ruling from Judge Farrell is anticipated soon on whether Letitia James will continue as the special prosecutor in this case. Hochul emphasized the importance of reliable institutions for survivors and committed to addressing any shortcomings in their protection.
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