Cornell lawyer says AG James’ public statements affect impartiality

Governor Hochul Appoints Special Prosecutor for Cornell Case

Jane Doe, a former Cornell University student suing the institution and members of the Chi Phi fraternity under a pseudonym, described the alleged October 2024 attack in a civil complaint as an incident where she was drugged and raped for several hours at a fraternity party, People reported. New York Governor Kathy Hochul appointed James as special prosecutor last week to investigate the allegations and review how law enforcement and Cornell University initially handled the case. Days before her appointment, James posted on X: 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.

Legal Objections to James as Special Prosecutor

The lawyer for one of seven accused fraternity members argued that public statements made by Attorney General James are disqualifying for her role as special prosecutor. In a statement sent to CBS News, the lawyer asserted that her remarks conflict with the necessity of independently evaluating evidence. The statement clarified that the objection does not claim the Attorney General is corrupt or acting in bad faith, but rather that an avoidable question of impartiality now hangs over the investigation. The defense argued that a voluntary recusal would clear the proceedings of bias concerns.

Governor Hochul and James faced direct questioning regarding potential impartiality during a subsequent news conference. Hochul defended the appointment, stating that James would follow the facts wherever the evidence leads and pursue charges if supported by the evidence.

Tompkins County District Attorney Reopens Grand Jury Review

A central point of contention involves digital communications submitted in the civil complaint. The filing features a screenshot of Snapchat messages allegedly sent by fraternity members discussing the incident, including a reference to free p—- upstairs. Prosecutors stated they were not shown this screenshot during the initial 2024 police investigation. While the District Attorney’s office described the messages as vulgar and disgusting, a spokesperson maintained that the digital evidence did not alter the legal analysis regarding legal consent as defined under New York State Penal Law. Conversely, Thomas Giuffra, the attorney for Jane Doe, stated that the Cornell University Police department possessed the group-chat messages during the initial 2024 inquiry, designating them as a critical piece of evidence.

Cornell University Denies Essay Options for Accused Students

Cornell University issued a statement detailing its initial handling of the allegations, affirming that the institution conducted a thorough internal investigation. The school reported that its inquiry resulted in a range of sanctions for the accused students, including temporary suspensions and expulsions. Responding to claims in the civil complaint that certain defendants were offered the opportunity to mitigate their conduct by writing essays, the university asserted that none of the charged individuals were offered essay writing as a sole consequence of their involvement.

Anyone affected by sexual assault can seek support through the National Sexual Assault Hotline at 1-800-656-HOPE or via rainn.org.