Letitia James Faces Hearing on Bid to Remove Her From Cornell Rape Case Over Alleged Bias

Breaking

A New York judge has scheduled a hearing for Thursday, Oct. 29, on a petition to remove Attorney General Letitia James as special prosecutor in the so-called Cornell 7 case, according to Los Angeles magazine. Gillio Lopes, one of seven former Chi Phi fraternity members accused of sexually assaulting a Cornell University student, argues that James’ public statements show she prejudged the case before reviewing any evidence. Acting state Supreme Court Justice James R. Farrell signed the order to show cause on Oct. 9.

The challenge is drawing political attention one week before Election Day, with James on the ballot. Her Republican opponent, Saritha Komatireddy, said Tuesday on Fox & Friends First, “Tish James has already prejudged the case,” adding, “So we have a crisis of confidence in the attorney general’s office right now.” James’ office has asked the court to reject the petition.

Details & Background

The accuser, identified in court papers as Jane Doe, alleges she was drugged and sexually assaulted at the Chi Phi house in October 2024. The seven men have denied wrongdoing; some say the activity was consensual, and others deny taking part. Tompkins County District Attorney Matthew Van Houten initially declined to bring charges, then announced on Sept. 28 that he would reopen the case. Gov. Kathy Hochul appointed James as special prosecutor, and the appointment was announced Oct. 2. No one has been criminally charged.

The bias claim centers on a Sept. 28 social media post James wrote days before her appointment. “What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers,” James wrote. “To her, and to all survivors: you’re not alone. We stand with you.” Asked about it on Oct. 2, James said, “I will not comment on a Facebook post.” Defense attorney Teny Geragos separately filed a motion in Tompkins County court on behalf of another accused man, arguing that James’ statements “prejudiced grand jurors,” according to Fox News.

Reactions

Lopes’ attorney, Andrew Miltenberg, told Fox News the case has become a “cultural battleground,” and he says both the accuser and the accused deserve an investigation free of any appearance of prejudgment. “This is an important development because it gives the court an opportunity to consider our concerns directly,” he said of the hearing. Geragos was blunter in her filing: “The AG should be removed.” Komatireddy added that James has “actually never prosecuted a criminal case in her entire career.”

James’ office argues the petition’s claims “are not justiciable” and that only the governor who appointed her can remove her. “Petitioner asks this Court to impermissibly void a discretionary action by the Governor,” the office wrote. Her Criminal Justice Division says it has already begun investigating and remains committed to an independent review guided by the evidence and the law. Hochul has defended the appointment, saying she has “every confidence in our attorney general to do what she has always done.”

Why This Matters to You

Prosecutors hold enormous power, deciding who is charged and what evidence a grand jury sees. That is why the law expects them to be neutral. When an elected official publicly sides with one party before an investigation begins, it raises fair questions about whether both the accused and the accuser will get a case decided on the facts.

The judge’s ruling could determine who leads one of the most closely watched sexual assault investigations in the country, and it lands just days before New Yorkers decide whether to give James another term. Whatever happens Thursday, the case has become a test of whether justice in New York is administered impartially or shaped by politics.