The investigation concerns a former student’s allegation that seven men raped her at a fraternity house in 2024. Hochul appointed James as special prosecutor after saying she had lost faith in the Tompkins County district attorney’s ability to oversee the case fairly. James now faces a bar complaint seeking her recusal and legal challenges to her appointment. A judge ordered James and Hochul to respond to Gillio Lopes’s challenge and scheduled oral arguments for Oct. 29. James has not been removed.
Lopes’s attorney, Andrew Miltenberg, argues that James’s public support for the accuser before her appointment raised questions about her impartiality. James had written, “What this young woman has been forced to endure is horrific and unacceptable.” Asked about that statement, she replied, “I will not comment on a Facebook post.” Her office said its Criminal Justice Division is leading the investigation and remains committed to an independent inquiry guided only by the facts and the law.