A Sullivan County judge heard oral arguments Thursday to determine whether New York Attorney General Letitia James should be removed as special prosecutor in the reopened criminal investigation into an alleged gang rape at Cornell University.
The proceeding ended without an immediate ruling from Judge James Farrell.
The hearing stems from a challenge filed by defense attorney Andrew Miltenberg, who represents Gillio Lopes, one of the men accused in the case.
Lopes is one of seven former Chi Phi fraternity brothers who are accused in a lawsuit of drugging and raping a female Cornell student at their fraternity house in October 2024.
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Defense counsel argued that social media comments posted by James prior to her official appointment as “special prosecutor” demonstrate a pre-existing bias and a presumption of guilt that undermines the prosecution’s neutrality.
“What this young woman has been forced to endure is horrific and unacceptable,” James had posted on social media. “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.”
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Arguing before the court, Miltenberg pointed to those public declarations of support as proof of a pre-determined bias.
“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,” Miltenberg argued, calling the initial public statements an “original sin” for the case.
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In a statement sent to Fox News on Thursday, a spokesperson for James’ office said, “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.”
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Representing the state, Assistant Attorney General Kaitlin Vigars defended Gov. Kathy Hochul’s appointment of James and pushed back against the disqualification effort, emphasizing that public statements alone do not meet the legal threshold for removal.
Vigars argued that to warrant disqualification, there needs to be a showing of actual prejudice rather than speculative claims of bias.
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Farrell peppered Vigars with questions about the circumstances leading up to James’ appointment, including if Hochul was aware of James’ social media comment, if James and Hochul were standing together when the governor made remarks about the “brave young woman,” if that runs afoul of professional conduct, and if the purpose of appointing the AG was to avoid bias.
Farrell also raised broader procedural concerns during the arguments, noting the potential for conflicting legal rulings if challenges proceed piecemeal across jurisdictions.
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“If multiple judges come down with decisions that’s chaos,” Farrell said from the bench, “and the court should not fashion chaos.”
Hochul appointed James as special prosecutor on Oct. 1 after stepping in to bypass the local Tompkins County district attorney, who had previously declined to bring charges.
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With no decision rendered at the conclusion of Thursday’s arguments, the judge is expected to issue a formal written ruling in the coming days on whether James will remain as special prosecutor or if the investigation must be reassigned.
Hochul later said on Thursday that all sexual offense complaints at Cornell University are now being referred to New York State Police, rather than Cornell University Police, unless otherwise requested by that individual.
“Every student deserves to feel safe on their campus,” she said in a statement, in part. “And when someone reports sexual assault, they deserve to be heard, treated with compassion, and know their allegations will be taken seriously and thoroughly investigated by law enforcement trained to support survivors.
“What Jane Doe described is horrifying. Survivors should be able to trust the institutions responsible for protecting them. We cannot afford to let them down.”