Judge Reviews Challenge to Letitia James in Cornell Assault Case

A legal challenge to New York Attorney General Letitia James's role in investigating alleged sexual assaults involving Cornell University students is heading to court Thursday. An attorney for accused student Gillio Lopes argues that James's public comments about an alleged victim raise questions about her impartiality and whether she should continue serving as special prosecutor.

New York Gov. Kathy Hochul appointed James to oversee the investigation on October 1, after expressing a loss of confidence in the Tompkins County district attorney, who had previously examined the allegations and concluded they did not support criminal charges. The case stems from allegations of a sexual assault at the Chi Phi fraternity house in 2024.

Andrew Miltenberg, Lopes's attorney, filed a petition on October 7 seeking to invalidate Hochul's executive order. The challenge centers on a September 28 statement James published on her official X account in response to a lawsuit filed by a woman identified as Jane Doe.

James expressed support for the woman and other survivors in her post.

"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." James wrote.

The woman alleged in a civil lawsuit that she was gang-raped at the fraternity house. Lopes is among the students accused in connection with the allegations, which have drawn attention to the university's handling of sexual assault reports.

Miltenberg maintains that James's public response went beyond expressing sympathy and suggested she had already formed a judgment about the accused students.

"The appointment of Attorney General James is improper as Attorney General James has unequivocally demonstrated a bias and presumption of guilt against the defendants named in the Civil Case, including Petitioner," Miltenberg wrote in the court filing.

Speaking to CNN, Miltenberg said his objection concerned the potential effect of James's statement on public confidence in the investigation rather than her identity or political position.

"It has nothing to do with it being Letitia James," 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.

James's lawyers dispute the challenge, arguing that the governor's authority to appoint the attorney general to take over an investigation is subject to limited judicial review. They described Lopes's concerns as speculative and characterized James's post as a single expression of empathy rather than evidence that she had prejudged the case.

The attorney general's legal team also argued that the challenge is premature and could be raised again if criminal proceedings eventually occur. James, who is seeking reelection, was not expected to attend the hearing, according to CNN.

Lopes denies wrongdoing through his attorney. Miltenberg has maintained that Lopes's encounter with Doe was consensual and occurred before messages inviting other fraternity members to his room were sent.

"I've seen all of the evidence in the Title IX file; there was no crime committed that I'm aware of, and to the extent an investigator decides there was the possibility of a crime, it certainly wasn't Gillio," Miltenberg previously told CNN.

Lopes was suspended for one academic year through Cornell's Title IX process and required to complete a class and submit a reflective paper about the incident. His attorney said Lopes has returned to Cornell and has two semesters remaining before graduation.

The court challenge is one of two efforts to remove James from the investigation. A separate motion filed by another student accused of assaulting Doe remains pending in Tompkins County.

Meanwhile, Cornell's Faculty Senate is considering a nonbinding no-confidence vote concerning the university's handling of its sexual assault crisis. The university's board of trustees has also hired Sally Yates, a former deputy U.S. attorney general, to conduct an independent investigation into the school's response to Doe's allegations and other reported sexual assaults.

The faculty vote would not automatically remove Cornell's president, but it could increase pressure on the administration as the university faces scrutiny over campus safety and its handling of the allegations.