Judge Questions Letitia James Over Bias Claims in Cornell Rape Case

A New York judge questioned whether Attorney General Letitia James can fairly investigate gang-rape allegations at Cornell University, after a defense attorney filed a petition to remove her over a critical social media post made before her special prosecutor appointment.

Acting Supreme Court Justice James Farrell presided over more than an hour of arguments Thursday in Monticello, New York, examining a legal challenge brought by defense attorneys seeking to disqualify New York Attorney General Letitia James from a high-profile criminal probe. The case stems from a civil lawsuit filed in September by a former Cornell student, identified in court documents as Jane Doe, who alleges she was plied with alcohol, pressured into using ketamine and marijuana, and gang-raped at the Chi Phi fraternity house in October 2024.

Judge Farrell Questions Letitia James Social Media Post and Defense Joinder Issues

The legal challenge centers on a public statement James posted to X on September 28, three days before Gov. Kathy Hochul appointed her as special prosecutor to take over the criminal investigation from Tompkins County District Attorney Matthew Van Houten, who had declined to bring charges in 2024.

Man accused in Cornell rape lawsuit wants Letitia James removed from investigation over her posts https://t.co/U5Xs9hJoUF pic.twitter.com/7CHd79Y4iL
— https://x.com/EPTrailGazette/status/2116017697544634599

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.
Letitia James, New York Attorney General, via CNN and NBC News

Stuart Bernstein, one of the attorneys for Cornell student Gillio Lopes — one of seven men named in Jane Doe’s lawsuit — argued in court that the remarks show James unequivocally demonstrated a bias and presumption of guilt against the defendants. Lopes’ legal team petitioned the court to order the governor to appoint a special prosecutor free from actual or perceived conflicts.

Judge Questions Letitia James Over Bias Claims in Cornell Rape Case — Photo: LAmag

While Farrell expressed skepticism regarding whether a prosecutor who made such public statements could fairly handle the probe, he sharply questioned why Lopes brought the challenge alone when six other men remain named in the civil lawsuit. This is a multi-suspect case. It’s not just your client, Farrell observed, raising concerns about potential administrative chaos if different defendants faced separate prosecutors. The judge gave Lopes’ attorneys until November 5 to submit additional papers addressing the position of the other defendants.

During the proceedings, Farrell — a Republican elected to the bench in 2019 and a former Sullivan County district attorney — questioned Assistant Attorney General Kaitlin Vigars regarding whether such public statements by prosecutors are proper. When pressed by the judge about whether a prosecutor should engage in that specific kind of conduct, Vigars acknowledged the court’s concern but maintained that a prosecutor holds a duty of fair dealing toward the accused and pointed out that prosecutors are not barred from making public statements. The defense team also included Andrew Miltenberg alongside Stuart Bernstein representing Gillio Lopes, with Andrew Miltenberg noting to the press after the session that they would return to address the key issues identified by the court.

State Defense of the Special Prosecutor Appointment and Broader Campus Fallout

Attorneys for the state pushed back against the removal effort, arguing in a 52-page court filing submitted on October 22 that James’ comments expressed basic empathy rather than legal bias, and maintaining that the petition is both procedurally defective and substantively meritless. Assistant Attorney General Kaitlin Vigars defended the appointment in court, arguing that extraordinary legal remedies like a writ of prohibition were inappropriate because the challenged conduct did not equal an unlawful exercise of authority. Gov. Hochul similarly defended her executive order on October 2, telling reporters she has full confidence in the attorney general to look at the facts, examine the record, and draw proper conclusions.

Hochul on "troubling questions" in the Cornell rape case, says it exposes gap in state consent law

Meanwhile, another defendant in the civil lawsuit, Winston Lee, separately filed a motion in a Tompkins County court seeking to bar James from participating in any grand jury proceedings, with a decision expected on November 13. None of the seven men accused in the lawsuit have been criminally charged.

The legal friction unfolds alongside ongoing institutional fallout at Cornell University. Additionally, Cornell’s board of trustees retained former Deputy U.S. Attorney General Sally Yates to conduct an independent review, and the university announced that sexual assault survivors pursuing criminal charges can now choose whether State Police or Cornell Police investigate their cases.