New York Attorney General Letitia James is under scrutiny regarding her role in the investigation of an alleged sexual assault at Cornell University. Andrew Miltenberg, representing one of the accused students, believes James should recuse herself due to comments she made before officially taking over the case.
Miltenberg argues that James’ prior statements, which supported the accuser, raise concerns about impartiality. He questions if the investigation could start without any preconceived notions of guilt.
New York Governor Kathy Hochul appointed James’ office to take over the investigation, displacing Tompkins County District Attorney Matthew Van Houten. The allegations date back to an October 2024 incident at the Chi Phi fraternity house, where a woman, known as Jane Doe, states she was drugged and sexually assaulted by seven former fraternity members. The men deny any wrongdoing, with some claiming the encounter was consensual. No criminal charges have been brought against them.
Before her office’s involvement, James described the woman’s experience as “horrific and unacceptable” on social media. Miltenberg feels these declarations could undermine public trust in a fair investigation. He suggests James allow senior prosecutors who haven’t expressed views on the case to oversee the investigation.
Defense attorney Donna Rotunno also echoed these concerns during a Fox News segment, stressing the need for an impartial investigation conducted by someone who hasn’t publicly commented on the matter.
James asserts that the investigation will focus solely on the facts and the law. Miltenberg emphasizes that his concerns aren’t politically motivated but are about maintaining public confidence in a fair legal process.
The case gained attention after the civil lawsuit was filed on September 16, nearly two years after the alleged incident. Doe’s lawsuit names Cornell, fraternity entities, Doe’s sorority, and a local bar, accusing them of failing to protect her.
Initially, Van Houten chose not to pursue criminal charges, citing insufficient evidence from the Cornell University Police. However, he reopened the investigation after the lawsuit’s details emerged, which provided more context and resulted in two expulsions and suspensions at the university. Cornell University has committed to an independent review of its handling of the allegations.
Miltenberg stresses that any decision to press charges should be made by prosecutors perceived as impartial by the public. He suggests that James stepping aside could enhance the credibility of the investigation.