In a case that has drawn national attention, a Cornell University student facing accusations of sexually assaulting a female classmate is seeking to have New York Attorney General Letitia James removed as special prosecutor. The student’s lawyer, Andrew Miltenberg, filed a petition on October 7 asking Judge James Farrell, a Republican state judge, to void Governor Kathy Hochul’s executive order that appointed James to lead the investigation.
Allegations of bias
James publicly expressed sympathy for the alleged victim, Jane Doe, on her official X account in late September, writing, “What this young woman has been forced to endure is horrific and unacceptable. 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.” Miltenberg argues that this statement demonstrates a presumption of guilt and disqualifies James from overseeing a fair criminal probe.
Legal background
Governor Hochul issued the executive order on October 1 after stating she had lost confidence in the Tomkins County district attorney who previously examined the allegations. The order named James as special prosecutor, a move that has sparked two separate legal challenges. The other challenge, filed by a different student accused of assault that night, is pending in Tomkins County.
Judge James Farrell, elected to the bench in 2019 and a former Sullivan County district attorney, will hear arguments on Thursday. Both sides have been allotted 30 minutes to present their case, and James, who is running for reelection, is not expected to attend.
Responses from both sides
Miltenberg told CNN, “No one who made that statement, which we think goes beyond compassion to accepting the narrative of the allegations, is the right person to restore confidence in an investigation.” He maintains that while Hochul has the authority to appoint a special prosecutor, James has already taken a side.
Attorney General James’s lawyers counter that courts have limited authority to review the governor’s appointment powers and describe Miltenberg’s concerns as “wildly speculative.” They characterize James’s comment as a single empathetic remark, not a prejudgment of the investigation.
University actions
Cornell’s Faculty Senate is currently considering a non‑binding no‑confidence vote on the university’s handling of what it calls an “ongoing crisis of sexual assault.” The vote would not force the resignation of Cornell’s president but could increase pressure on the administration to demonstrate campus safety.
The school’s board of trustees hired former Deputy U.S. Attorney General Sally Yates to lead an independent investigation into the university’s response to Doe’s allegations and other reported assaults.
Student’s status
Gillio Lopes, the student at the center of the case, was suspended for one academic year and required to complete a reflective class and paper as part of Cornell’s Title IX process. He remains enrolled with two semesters left before graduation.
Miltenberg previously told CNN he has seen all evidence in the Title IX file and believes no crime was committed by Lopes. He emphasizes that Lopes’s encounter with Doe was consensual and occurred before any messages inviting other fraternity members to his room were sent.
The hearing will determine whether Attorney General James remains in charge of the criminal investigation, a decision that could shape how high‑profile campus assault cases are handled in New York.
Original reporting: KEYT (Ventura/Santa Barbara) — read the source article.
