Cornell defendant’s lawyer asks Letitia James to quit investigation role
A lawyer for one of seven men accused in a sexual assault case at Cornell University has asked New York Attorney General Letitia James to step aside as special prosecutor. The lawyer argues that James’s public expression of support for the woman who made the allegations could raise doubts about the investigation’s independence, though he said he was not accusing her of bias or misconduct.
James was appointed by Governor Kathy Hochul to investigate both the allegations and the initial responses by law enforcement and the university. She wrote on 28 September that what the woman had endured was “horrific and unacceptable” and that survivors were not alone. Hochul said James would follow the facts. Separately, Cornell has hired former deputy attorney general Sally Yates to review its handling of the case, while faculty are due to vote next week on a no-confidence resolution concerning university leadership.
- A defence lawyer has asked special prosecutor Letitia James to recuse herself.
- He says her public comments could raise questions about the investigation’s independence.
- Cornell has commissioned a separate review of its response.
New here? Start with this
A woman has made sexual assault allegations against seven men at Cornell University. An investigation into the allegations and how they were initially handled by law enforcement and the university is being led by New York Attorney General Letitia James, who was appointed to the role by Governor Kathy Hochul.
James has publicly expressed her support for the woman who made the allegations, saying that what she experienced was "horrific and unacceptable". Some have raised concerns that her public statements could affect perceptions of the investigation's independence.
Separately, Cornell University has hired Sally Yates, a former deputy attorney general, to review how the institution handled the allegations. Faculty members are also preparing to vote on whether they have confidence in the university's senior leadership.
Both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
A fair investigation requires not merely impartial treatment but the appearance of impartiality. The defence contends that James's public statements expressing sympathy for the alleged victim and solidarity with survivors, however well-intentioned, create a perception that her mind is already made up on the central human and moral dimensions of the case. Since credible prosecution depends on public confidence in its independence, especially when investigating serious crimes on a university campus, some argue the AG should step aside to preserve the investigation's integrity.
The case against
Supporting survivors and acknowledging the seriousness of sexual assault allegations does not prejudge any particular defendant's culpability. A prosecutor can fairly investigate whether these specific men committed these specific acts while believing that sexual assault is horrific and survivors deserve support. Moreover, allowing defence motions to remove prosecutors based on their public views about victims' rights could undermine investigations into serious crimes and send a signal that advocacy for survivors is incompatible with prosecutorial fairness.
Read the full article at the source →
Originally published by BBC World as “Lawyer for one of Cornell 7 calls for special prosecutor to be removed over previous comments”.