Attorney for accused Cornell student calls on Letitia James to step aside over prior comments An attorney for one of seven former Cornell fraternity members accused in a civil lawsuit says Attorney General Letitia James should recuse herself from the criminal investigation because her prior public comments created an appearance of impartiality. New York Attorney General Letitia James is facing a call to step aside from the investigation into the alleged Cornell sexual assault after an attorney for one of the accused students questioned whether she had publicly accepted the allegations before taking over the case. Andrew Miltenberg, who represents one of seven former fraternity members accused in a civil lawsuit, said James earlier statements supporting the accuser created an avoidable question about the appearance of impartiality. The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts, Miltenberg said in a statement to Fox News.Governor Appoints Attorney General As Special ProsecutorNew York Governor Kathy Hochul appointed the attorney general office as special prosecutor Thursday, replacing Tompkins County District Attorney Matthew Van Houten in the investigation into an alleged October 2024 sexual assault at Cornell University. The woman, identified in court papers as Jane Doe, alleges seven former fraternity members drugged and sexually assaulted her. The men have denied wrongdoing, with some maintaining the sexual activity was consensual and others denying they participated.No criminal charges have been filed against the seven men. The civil lawsuit alleges Jane Doe was drugged and sexually assaulted by seven former Cornell fraternity members at the Chi Phi fraternity house in October 2024. Miltenberg objection centers on comments James made before her office was appointed to lead the criminal investigation. She publicly described what the woman had been forced to endure as horrific and unacceptable and told her, together with all survivors, that we stand with you.When asked at Friday news conference about her objectivity in light of the Facebook post, James said, I will not comment on a Facebook post. James has said the investigation will be guided by the facts and the law. Criminal defense attorney and Fox News contributor Donna Rotunno also questioned James role during an appearance on Fox News The Big Weekend Show. But it should be fair.Defense Attorneys Question Impartiality Of InvestigationIt should be impartial. And it should not be from someone who has already made a public statement on Facebook about it, Rotunno said of reopening the investigation. An attorney for one of the accused students argues James should personally step aside because she publicly expressed support for the accuser before being appointed special prosecutor, creating what he says is an appearance-of-impartiality problem. There is nothing improper about expressing compassion for someone who reports a sexual assault, he said.But there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation. He urged James to personally recuse herself while allowing senior prosecutors in her office who have not publicly commented on the merits of the allegations to handle the investigation.He argued that the same concerns about independence and public confidence that prompted the appointment of a special prosecutor should apply to the person leading the replacement investigation. I am not suggesting that Attorney General James does not believe she can be fair, he said. The case drew renewed scrutiny after Doe filed a civil lawsuit Sept. 16, nearly two years after the alleged assault.Civil Complaint Names Cornell And Fraternity EntitiesThe complaint also names Cornell, fraternity entities, Doe sorority and a local bar, among others, alleging failures to protect her. Van Houten initially declined to pursue criminal charges, saying the signed statement his office received from Cornell University Police did not establish a crime under New York law. He said prosecutors assumed Doe account was true and that her credibility was never in question.Cornell University president has also broken silence on the alleged gang rape, saying the university must do better on handling of sexual assault allegations.