An attorney for one of the “Cornell 7” has called on New York Attorney General Letitia James to step down from the investigation for being biased against the accused students.
James’ earlier statement that she stood with the accuser over what she had “been forced to endure” raises an “avoidable question about the appearance of impartiality,” attorney Andrew Miltenberg, who represents one of the Chi Phi fraternity brothers, told Fox News on Sunday.
“There is nothing improper about expressing compassion for someone who reports a sexual assault,” Miltenberg said.
“But there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation,” he stressed.
“The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts.”
“The simplest way to remove that question is for her personally to recuse herself and allow an uncommitted prosecutor within her office to lead the investigation,” he said, saying it “would strengthen” trust in the findings.
He was speaking after New York Gov. Kathy Hochul appointed James as special prosecutor in the alleged gang rape on Thursday, replacing Tompkins County District Attorney Matthew Van Houten.
Here’s the latest on the ‘Cornell 7’ frat probe:
Before she was appointed, James made a post on Facebook that critics said showed she couldn’t be objective about the case.
James said what Jane Doe had “been forced to endure” was “horrific and unacceptable,” adding, “we stand with you.”
James dismissed questions about her objectivity in the light of the post last week.
“I will not comment on a Facebook post,” she told a Friday news conference, later insisting that the investigation will be guided by “the facts and the law.”
None of the seven fraternity brothers have been criminally charged in relation to the alleged incident at a frat house party in October 2024.
If you or someone you know is affected by any of the issues raised in this story, call the Sexual Assault Hotline at 800-656-HOPE (800-656-4673).
