Cornell rape case: Judge weighs Letitia James removal

A judge in upstate New York is deciding whether social media posts can disqualify an attorney general from leading a criminal investigation.

Judge James R. Farrell heard arguments Thursday in Monticello regarding an effort to remove New York Attorney General Letitia James from the probe. The case involves a 2024 alleged gang rape at Cornell University. The man challenging James' appointment argues her public statements show she already believed the accuser's account.

The former student, identified as Jane Doe in court filings, sued in September. She alleged several men raped her at a fraternity party after pressuring her to use ketamine. The drug left her too intoxicated to consent, according to the lawsuit.

Andrew Miltenberg, a lawyer for one of the accused men, told reporters outside the courtroom that the state had other options. He said retired judges, mediators, and other district attorneys' offices could handle the investigation. Miltenberg claimed James had already made up her mind.

James, a Democrat, did not attend the hearing. She previously stated her investigation would be guided only by the facts, evidence, and law. Her office argued that Governor Kathy Hochul has wide latitude to appoint special prosecutors. They noted Hochul picked James because of her track record with high profile cases.

Farrell pressed the state lawyers on why Hochul appointed James knowing she had commented on the case. The judge asked if that was a problem. Assistant Attorney General Kaitlin Vigars responded that actual prejudice must exist to disqualify James. She noted that no criminal charges have been filed, so the challenger cannot yet argue he has been harmed.

Farrell asked Vigars if it was proper for a prosecutor to make those statements. When she did not answer directly, he pressed the question again. The judge gave the man's lawyers one week to explain why the other men named in the lawsuit had not joined this specific motion.

The disputed post went live on September 28. James linked to a news article about the lawsuit. She wrote that she was holding the woman in her heart and prayers. She told survivors they were not alone and that the state stood with them.

Hochul appointed James on October 1. She took the case from the county district attorney who declined to bring charges in 2024. In her order, the governor called for an objective review without conflict or bias. Stuart Bernstein, another lawyer for the challenging man, said James has shown she is not objective.

James addressed her social media activity during an October 8 debate against Republican challenger Saritha Komatireddy. She said her comments demonstrate empathy. She stated that politics stops at the door in her office. Hochul expressed confidence in James on October 2, saying the attorney general would look at the facts and draw proper conclusions.

Two other men named in the lawsuit also filed legal actions to undo the appointment. One was filed in Albany, where the case was heard in Monticello, about 72 miles northwest of Manhattan. The other was filed in Ithaca, where Cornell is located. No arguments are scheduled for the Ithaca case yet. Farrell spent more than an hour questioning both sides during the Monticello hearing.