A New York judge is hearing a petition that could strip the state’s top lawyer of authority over a high‑profile campus assault case.
Key points
- Lawyers argue that Attorney General Letitia James’ pre‑appointment X post shows bias, making her role as special prosecutor “not viable.”
- Judge James R. Farrell has not yet ruled on the petition and has highlighted the lack of participation by the other six defendants.
- The case stems from a civil lawsuit alleging a gang‑rape at Cornell’s Chi Phi fraternity house in October 2024; no criminal charges have been filed.
- A related petition concerning James’ involvement in grand‑jury proceedings is slated for a decision on Nov 13.
Lawyers representing Gillio Lopes, one of seven former Cornell University fraternity members named in a civil sexual‑assault lawsuit, argued Thursday that New York Attorney General Letitia James should be removed as the case’s special prosecutor, claiming she has demonstrated bias against the defendants.
The petition, filed as an Article 78 proceeding, points to a post James made on X three days before her appointment, in which she wrote, “What this young woman has been forced to endure is horrific and unacceptable… To her, and to all survivors: you’re not alone. We stand with you.” Attorneys Stuart Bernstein and Andrew Miltenberg contend the statement shows James has “publicly aligned herself” with the complainant, making her role “no longer viable.”
Petition alleges bias
James’ office responded that the claims are “without merit” and reaffirmed its commitment to an investigation “guided only by the facts, the evidence, and the law.” In court, Assistant Attorney General Kaitlin Vigars argued that public statements by a prosecutor do not automatically impede a prosecution, noting “there’s nothing that prevents prosecutors from making public statements.”
Sullivan County Supreme Court Judge James R. Farrell questioned whether James’ remarks violated any ethical rule and asked why the six other defendants have not joined the challenge, noting, “It’s not a one‑defendant potential case… it’s a potential for seven.” Miltenberg said he believes the judge could compel the other defendants to participate if they do not do so voluntarily.
Judge weighs arguments
The underlying civil suit alleges that Jane Doe was plied with alcohol and then sexually assaulted and gang‑raped at the Chi Phi fraternity house in Ithaca in October 2024. None of the seven men named in the lawsuit have faced criminal charges. Governor Kathy Hochul appointed James in September to independently investigate the allegations, defending the decision as a matter of “looking at the facts, examining the record and drawing the proper conclusions.” Both James and Hochul are Democrats seeking re‑election.
A separate Article 78 petition filed by another defendant, Winston Lee, seeks to bar James from any grand‑jury proceedings, with a decision expected on Nov 13. The outcome of the current petition could set a precedent for how state officials’ public comments are weighed in special‑prosecutor appointments.
Reader questions
What is an Article 78 petition?
An Article 78 petition is a legal proceeding in New York that allows parties to challenge actions taken by state or local government officials or agencies.
Who appointed Letitia James as special prosecutor in the Cornell case?
Governor Kathy Hochul appointed Attorney General Letitia James in September to independently investigate the allegations in the civil lawsuit.
What are the allegations in the Cornell sexual‑assault lawsuit?
The plaintiff, identified as Jane Doe, alleges she was plied with alcohol, sexually assaulted and gang‑raped at the Chi Phi fraternity house in Ithaca in October 2024.
Source: nbcnews.com