Three days before her appointment, James wrote, “What this young woman has been forced to endure is horrific and unacceptable,” and told her and other survivors, “We stand with you.” Miltenberg said his request was not about politics or an objection to treating sexual assault allegations seriously. “The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts,” he said.
Governor Kathy Hochul appointed James after saying she had lost faith in the Tompkins County district attorney’s ability to oversee the case fairly. Prosecutors reopened the investigation after the woman filed a civil lawsuit in September. Asked earlier about her statement supporting the accuser, James said, “I will not comment on a Facebook post.” Hochul defended her appointment, saying James would examine the facts and record and draw the proper conclusions.