Attorney for accused Cornell student requests AG Letitia James to recuse from investigation

<p>New York Attorney General Letitia James is being urged to recuse herself from the investigation into an alleged sexual assault at Cornell University. Andrew Miltenberg, the attorney representing one of the accused students, raised concerns about James’ previous comments regarding the case, suggesting they may compromise her impartiality.</p><p>Miltenberg stated that James’ earlier remarks supporting the accuser created an "avoidable question about the appearance of impartiality." He expressed concern about public confidence in the investigation, stating, "The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts."</p><p>Governor Kathy Hochul appointed the attorney general’s office as special prosecutor on October 5, 2026, replacing Tompkins County District Attorney Matthew Van Houten in the investigation into an alleged sexual assault that reportedly occurred in October 2024 at Cornell’s Chi Phi fraternity house.</p><p>The woman, referred to in court documents as Jane Doe, claims that seven former fraternity members drugged and sexually assaulted her. The accused men have denied any wrongdoing, with some asserting that the sexual activity was consensual and others claiming they were not involved. As of now, no criminal charges have been filed against them.</p><p>Miltenberg's objections focus on comments made by James prior to her office's appointment to lead the investigation. She had publicly described the experiences of the accuser as "horrific and unacceptable" and expressed solidarity with survivors of sexual assault.</p><p>During a news conference, when asked about her objectivity in light of her previous statements, James responded, "I will not comment on a Facebook post."</p><p>Criminal defense attorney Donna Rotunno also raised concerns about James’ role during an appearance on Fox News, emphasizing the need for fairness and impartiality in the investigation.</p><p>James has stated that the investigation will be conducted based on "the facts and the law." Miltenberg clarified that his concerns were not politically motivated and did not undermine the seriousness of the allegations. He noted, "There is nothing improper about expressing compassion for someone who reports a sexual assault," but emphasized the importance of not appearing to accept the allegations before an investigation is conducted.</p><p>Miltenberg has called for James to recuse herself while allowing senior prosecutors in her office, who have not publicly commented on the case, to manage the investigation. He argued that this would enhance the investigation's credibility.</p><p>The case has garnered renewed attention following Doe's civil lawsuit filed on September 16, 2026, nearly two years after the alleged incident. The lawsuit also names Cornell University, fraternity entities, Doe’s sorority, and a local bar, alleging failures to protect her.</p><p>Initially, Van Houten declined to pursue criminal charges, stating that the evidence provided by Cornell University Police did not establish a crime under New York law. However, he later reopened the investigation after the civil lawsuit was filed.</p><p>Questions regarding the initial investigation intensified when CBS News presented Van Houten with a more complete transcript of Doe’s police interviews, which he claimed his office had not received. He acknowledged that this new information "changes the landscape for me."</p><p>Rotunno also questioned why prosecutors had not sought the complete investigative record before deciding against charges, warning against allowing public opinion to influence the case.</p><p>Cornell University has agreed to an independent review of its handling of the allegations. University President Michael Kotlikoff stated that the disciplinary process resulted in two expulsions and two suspensions of at least two semesters. One student graduated before any disciplinary action could be taken, and two others were found not responsible for sexual misconduct.</p><p>These disciplinary proceedings are separate from the ongoing criminal investigation. Cornell has expressed its support for the appointment of a special prosecutor and is committed to an independent external review of how the case has been managed.</p><p>Miltenberg reiterated that decisions regarding criminal charges should be made by prosecutors whose impartiality is trusted by the public, suggesting that James’ recusal would help eliminate any doubts about the investigation's integrity.</p>