Judge Questions NY Attorney General's Office in Cornell Rape Case Over Alleged Bias

A Sullivan County judge heard arguments Thursday regarding the potential disqualification of New York Attorney General Letitia James as special prosecutor in the criminal investigation into an alleged gang rape at Cornell University. Judge James Farrell concluded the hearing without an immediate ruling.

The challenge was initiated by Andrew Miltenberg, defense attorney for Gillio Lopes, one of the individuals accused in the case. Lopes is among seven former Chi Phi fraternity brothers alleged in a lawsuit to have drugged and raped a female Cornell student in October 2024.

Miltenberg's argument centers on social media comments made by James prior to her official appointment. He contends these statements demonstrate a pre-existing bias and a presumption of guilt, thereby compromising the neutrality of the prosecution. One such post read, "What this young woman has been forced to endure is horrific and unacceptable. 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."

Miltenberg asserted that these public declarations constitute an "original sin" for the case and render James unsuitable to neutrally review it. "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," he argued.

A spokesperson for James' office stated in response, "As indicated in our motion before the court, these claims are without merit. The Office of the Attorney General remains committed to conducting an investigation guided only by the facts, the evidence, and the law."

Representing the state, Assistant Attorney General Kaitlin Vigars defended Governor Kathy Hochul's appointment of James and argued that public statements alone do not meet the legal threshold for removal. Vigars emphasized that a showing of actual prejudice, rather than speculative claims of bias, is required for disqualification.

During the hearing, Judge Farrell questioned Vigars about the circumstances of James' appointment, inquiring about Governor Hochul's awareness of James' social media posts and whether James and Hochul were together when remarks were made about the "brave young woman." Farrell also raised concerns about potential conflicting rulings if similar challenges proceed in different jurisdictions, noting that "If multiple judges come down with decisions that’s chaos... and the court should not fashion chaos."

Governor Hochul appointed James as special prosecutor on October 1, taking over from the Tompkins County district attorney who had previously declined to press charges. The judge is expected to issue a written decision in the coming days on whether James will continue as special prosecutor or if the investigation will be reassigned.