Tompkins County, N.Y. – A motion filed Thursday seeks to remove New York Attorney General Letitia James from the criminal investigation into the alleged sexual assault of a former Cornell student. The request was made by Teny Geragos, daughter of well‑known defense attorney Mark Geragos, on behalf of one of the men named in the civil lawsuit.
Allegations of bias
Geragos argues that James demonstrated prejudice when she posted on social media on Sept. 28, the same day local prosecutor Matthew Van Houten announced a reopening of the case. In the post, James wrote, “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.”
The filing contends that the statement shows James had already decided the accused fraternity members were guilty, despite not having examined any evidence. “The public cannot, and should not, have any confidence in the investigation or charging decisions of someone who has clearly prejudged the guilt of individuals who the law presumes are innocent,” Geragos wrote, urging the court to remove the AG.
Political context
Geragos also accuses Governor Kathy Hochul of selecting James because of her public comments, suggesting the governor expects a particular outcome from the investigation. Hochul, when asked about the matter at an Oct. 2 press conference, said, “I have every confidence in our Attorney General to do what she has always done: look at the facts, examine the record and draw the proper conclusions. That’s exactly what’s going to happen in this case.”
The attorney general’s office has not responded to requests for comment.
Background of the Cornell case
The civil lawsuit was filed in September by a former Cornell student who alleges she was drugged and sexually assaulted by seven members of the Chi Phi fraternity on the night of Oct. 19, 2024, and into the following morning. The complaint says she arrived at the fraternity house already intoxicated, was pressured to take ketamine and other substances, and that the men denied wrongdoing, with some claiming the sexual activity was consensual.
The fraternity was suspended on Nov. 8, 2024, the same day the survivor reported the allegations to campus police. Local prosecutor Matthew Van Houten initially declined to pursue criminal charges, noting that the survivor’s sworn statement did not allege she was drugged against her will or gang‑raped, but described the activity as “voluntary, conscious, and consensual.”
Legal maneuvers continue
Geragos’ motion follows a separate filing by another defendant in the civil suit, which also seeks James’s removal on bias grounds. Both motions now await a hearing in Tompkins County court.
The outcome of these challenges could affect the direction of the criminal investigation and any potential charges that may be filed against the fraternity members.
Original reporting: Fox News (HLL/CB) — read the source article.
