Lawyer Seeks Removal of NY AG Letitia James from Cornell Rape Probe, Citing Bias
A defense attorney filed a motion alleging Attorney General James prejudged the guilt of fraternity members based on public statements.
A lawyer representing one of the men accused in a civil lawsuit of raping a former Cornell University student has formally requested that New York Attorney General Letitia James be removed from the criminal investigation. The motion, filed Thursday in Tompkins County court, alleges that James is biased and prejudged the case before her appointment as special prosecutor.
Teny Geragos, daughter of prominent defense attorney Mark Geragos, argued that James' previous public statements in support of the accuser have "prejudiced grand jurors." The motion specifically cited a social media post made by James on September 28, the same day local prosecutor Matthew Van Houten announced he would be reopening the case. In the post, James wrote, "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."
Geragos contended that James's statement indicated a belief in the guilt of the seven men named in the civil lawsuit "despite not having examined a shred of evidence" at that time. The filing stated, "The public cannot, and should not, have any confidence in the investigation or charging decisions of someone who has clearly prejudged the guilt of individuals who the law presumes are innocent. The AG should be removed."
Geragos also accused New York Governor Kathy Hochul of selecting James for the role due to her "prejudicial public statements" about the case, suggesting the governor anticipated a specific outcome from the investigation.
In response to a reporter's question about James's social media post during an October 2 press conference, Hochul expressed full confidence in the Attorney General. "I have every confidence in our Attorney General to do what she has always done: look at the facts, examine the record and draw the proper conclusions. That's exactly what's going to happen in this case," Hochul stated.
The attorney general's office did not immediately respond to requests for comment from Fox News Digital. This filing follows a similar request made by another of the men named in the civil suit, who also sought James's removal citing alleged bias.
The former Cornell student filed a civil lawsuit in September accusing seven former Chi Phi fraternity members of drugging and raping her on the night of October 19, 2024. The accused men have denied wrongdoing, with some asserting the sexual activity was consensual and others denying participation.
The fraternity was suspended on November 8, 2024, the same day the accuser reported the allegations to campus police. Tompkins County District Attorney Matthew Van Houten had initially declined to pursue charges, stating that the accuser's November 2024 sworn statement did not allege she was drugged against her will or gang-raped, but rather described her participation in drug use and sexual conduct as "voluntary, conscious, and consensual."