NY AG Letitia James moves to dismiss challenge to Cornell investigation
New York Attorney General Letitia James' office on Thursday asked a judge to dismiss a petition seeking to block her role as special prosecutor in the Jane Doe v. Cornell University case.
The petition was filed by the attorney for Gillio Lopes, one of the seven men accused of sexually assaulting Jane Doe at a Cornell University fraternity party in 2024.
In a court filing, attorneys for Gov. Kathy Hochul and James argued that Lopes' petition should be denied because his claims are "premature" and lack merit.
The petition filed by Andrew Miltenberg, the attorney for Lopes, challenged a recent executive order issued by Hochul appointing James as special prosecutor to investigate allegations described in Jane Doe's civil lawsuit.
The order appointed the attorney general to investigate the claims and, if allowed, present evidence to a grand jury and pursue criminal charges.
Miltenberg said the challenge is not politically motivated but is intended to ensure public confidence in the investigation.
He argued that statements made by James before her appointment as special prosecutor could reasonably be interpreted as expressing a view on the allegations before she had independently reviewed the evidence and determined whether criminal charges were warranted.
In a September social media post, James described Doe's experience as "horrific and unacceptable," adding, "To her, and to all survivors: You're not alone. We stand with you."
State attorneys rejected that claim, saying the social media post cited by Miltenberg does not disqualify the attorney general from carrying out a "full, reasoned, and independent investigation."
The filing states that courts generally cannot second-guess the governor's decision to appoint a special prosecutor and that Lopes has not shown he has suffered a concrete legal injury.
The motion filed by the state on Thursday also argued that any concerns about the investigation are speculative because no criminal charges have been filed.
All seven men have denied the allegations.
