Defence lawyer in Cornell University case calls for special prosecutor to be removed
New York Attorney General Letitia James is investigating the rape allegations, but the lawyer says comments she made on the case should disqualify her.
Defence lawyer in Cornell University case calls for special prosecutor to be removed
A lawyer representing one of seven men accused of taking part in a gang rape at Cornell University has urged the special prosecutor in the case to step aside because of earlier public remarks.
The lawyer said a social media post by New York Attorney General Letitia James raises doubts about the "integrity and independence" of her investigation.
In the 28 September post, James said that "what this young woman has been forced to endure is horrific and unacceptable" and told survivors that "we stand with you".
The university administration is facing criticism over its alleged handling of the October 2024 incident and, according to US media, is now confronting a no-confidence vote by Cornell faculty.
According to reports, the university's Faculty Senate, a governing body made up of professors and other academic staff, will vote next week on a resolution of no confidence.
A majority vote of no confidence would be largely symbolic, indicating wider faculty dissatisfaction and putting pressure on university leaders to respond.
Claims in a lawsuit against seven men and the university have shaken the campus in New York state, where hundreds of students and faculty members gathered in protest on Monday, and have also triggered anger nationwide.
Last week, New York Governor Kathy Hochul appointed James as special prosecutor to examine the case and how law enforcement and the university first responded to the allegations made by a woman identified in the lawsuit as Jane Doe.
Jane Doe says the university failed to protect her after she was allegedly drugged and raped by the men for several hours at a fraternity party.
Days before she was named special prosecutor, 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," she continued. "To her, and to all survivors: you're not alone. We stand with you."
The lawyer for one of the seven accused said those comments were disqualifying.
In a statement sent to the BBC's US media partner, CBS News, the lawyer said the remarks conflict with the need for "independently evaluating the evidence".
"This is not an accusation that Attorney General James is corrupt, acting in bad faith or incapable of performing her duties professionally," the statement said.
"Nor am I suggesting that a court has determined that she is legally disqualified. The point is much narrower: an avoidable question now hangs over this investigation, and voluntary recusal would remove it."
Governor Hochul and James were asked about concerns over impartiality during a news conference, and Hochul said James would "follow the facts".
"She'll examine the evidence and go wherever it leads, and if the evidence supports charges, she will pursue them," Hochul said.