Miltenberg argued that James’s public support for the accuser before her appointment raised questions about the appearance of impartiality. James had written, “What this young woman has been forced to endure is horrific and unacceptable,” and told her and other survivors, “We stand with you.” Asked about that statement on Oct. 2, James said, “I will not comment on a Facebook post.” Governor Kathy Hochul defended her ability to examine the facts and draw proper conclusions.
Prosecutors reopened the investigation after the former student filed a civil lawsuit in September alleging rape by seven men and accusing Cornell of failing to protect her. 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’s office said on Oct. 6 that its Criminal Justice Division was leading the investigation and that the district attorney had agreed to cooperate.