N.Y. AG James recordsdata opposition to effort to bar her from Cornell investigation
New York Attorney General Letitia James filed a response Thursday opposing an effort to bar her from appearing as particular prosecutor within the Cornell University rape investigation over claims of political bias.
James mentioned in a courtroom submitting that the petition to take away her as particular prosecutor depends on claims that “will not be justiciable.”
An legal professional for Gillio Lopes, certainly one of seven males sued over allegations {that a} lady was raped at a Cornell fraternity house, filed a petition this month arguing that James “unequivocally demonstrated a bias and presumption of guilt.”
James wrote within the response that there isn’t a standing, that even when there have been the courtroom ought to reject it and that the governor has the facility to nominate a particular prosecutor.
“Petitioner asks this Court to impermissibly void a discretionary motion by the Governor,” James wrote within the submitting opposing the petition filed by Lopes’ legal professional.
New York Gov. Kathy Hochul, a Democrat, appointed James as special prosecutor within the investigation of the Cornell case on Oct. 1.
Hochul cited issues about how college police and the native district legal professional’s workplace dealt with the girl’s allegations of sexual assault in 2024.
The lady alleged in a lawsuit that she was raped and plied with drugs on the fraternity house in 2024. The allegations have brought on outrage, together with fury about messages in a bunch chat about her on the evening she alleges she was assaulted.
No legal costs have been filed. The lawsuit identifies the woman as Jane Doe.
Attorneys for an additional former fraternity member named within the go well with, Winston Lee, additionally filed a motion this month seeking to disqualify James from any future grand jury proceedings. That matter is pending.
A spokesperson for James’ workplace mentioned Thursday that it has not formally responded to Lee’s submitting.
Attorneys for Lee and Lopes have mentioned their purchasers deny the accusations.
Both Lee’s and Lopes’ motions argue bias by pointing to a publish on the New York legal professional normal’s Facebook account on Sept. 28, earlier than James was appointed particular prosecutor.
“What this younger lady has been compelled to endure is horrific and unacceptable. I’m holding her in my coronary heart and in my prayers,” it learn. “To her, and to all survivors: you’re not alone. We stand with you.”
In response to requires James to step down from the position, she mentioned this month that she was “dedicated to main a complete investigation they’ll belief, guided solely by the details, the proof, and the regulation.”
