Attorney for Accused Cornell Student Asks NY AG to Recuse Herself

An attorney for one of the students accused in a Cornell University alleged sexual assault case has called for New York Attorney General Letitia James to recuse herself from the investigation. Andrew Miltenberg, who represents one of seven former fraternity members named in a civil lawsuit, stated that James' prior public remarks supporting the accuser create an "avoidable question about the appearance of impartiality."

James was appointed special prosecutor on Thursday by Gov. Kathy Hochul to take over the investigation into an alleged October 2024 sexual assault at Cornell's Chi Phi fraternity house. The accuser, identified as Jane Doe in court papers, alleges that seven former fraternity members drugged and sexually assaulted her. The accused students have denied wrongdoing, with some asserting the sexual activity was consensual and others denying participation. No criminal charges have yet been filed.

Miltenberg’s objection centers on statements James made on social media before her office was assigned the case. She had publicly described what the accuser "had been forced to endure" as "horrific and unacceptable" and stated, "we stand with you." Miltenberg expressed concern that "the public can have confidence that the investigation begins without any predetermined view of the facts."

When questioned about her objectivity at a press conference on Friday, James responded, "I will not comment on a Facebook post." She has previously stated that the investigation will be guided by "the facts and the law."

Criminal defense attorney Donna Rotunno echoed concerns about James' public statements, telling Fox News that an investigation "should not be from someone who’s already made a public statement on Facebook about it." Rotunno cautioned against allowing public reaction to influence the case, stating, "We are watching the court of public opinion take over here when we don’t know the facts."

Miltenberg clarified that his concerns are not political and do not diminish the seriousness of sexual assault allegations. He noted a difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before an investigation is conducted. He suggested that James personally recuse herself, allowing senior prosecutors in her office who have not commented publicly on the case to lead the investigation. Miltenberg believes this would strengthen, not weaken, the investigation by ensuring public trust.

The civil lawsuit was filed on September 16, nearly two years after the alleged assault. The complaint also names Cornell University, fraternity entities, the accuser’s sorority, and a local bar as defendants, alleging failures to protect her.

Initially, Tompkins County District Attorney Matthew Van Houten declined to pursue criminal charges, stating that the information his office received from Cornell University Police did not establish a crime under New York law. However, he reopened the investigation after the civil lawsuit surfaced. Van Houten later indicated that his decision was influenced by new information, including a fuller transcript of the accuser's police interviews that his office had not previously received.

Cornell University has also agreed to an independent review of its handling of the allegations. University President Michael Kotlikoff stated that the university's disciplinary process resulted in two expulsions and two suspensions of at least two semesters. One student graduated before disciplinary action could be imposed, and two were found not responsible for sexual misconduct. These university proceedings are separate from the criminal investigation.