Attorney for Cornell Case Defendant Urges Letitia James to Leave Special Prosecutor Role
Wertynews.com – An attorney representing one of seven men accused in an alleged 2024 sexual assault involving a former Cornell University student is asking New York Attorney General Letitia James to withdraw from her newly assigned role as special prosecutor.
Gov. Kathy Hochul selected James last week to oversee the investigation. Andrew Miltenberg, who represents Gillio Lopes, argues that James should voluntarily recuse herself because of social media remarks she made before the appointment.
Miltenberg said the issue is not a personal or political attack on James. Instead, he said, it concerns public trust in an investigation that must assess allegations, evidence and any potential criminal charges independently.
“Our concern is not political or personal. It is about confidence in the integrity and independence of this investigation,” Miltenberg said.
Prior public statements at center of request
Before becoming special prosecutor, James posted publicly about the allegations involving the woman identified as Jane Doe. Miltenberg pointed to statements in which James described what Jane Doe was said to have experienced as “horrific and unacceptable,” said she was keeping her in her heart and prayers, and told her and “all survivors,” “We stand with you.”
Miltenberg said compassion for a person making an allegation of sexual assault is not itself improper. His concern is that the language could be seen as reflecting a conclusion about events before James took responsibility for determining what the evidence supports.
“The concern is that Attorney General James’ words could be reasonably understood as expressing a view about what occurred before she became responsible for independently evaluating the evidence and determining whether criminal charges are supported,” Miltenberg said.
Special prosecutors are often brought into matters where an independent assessment is considered especially important. Their role is to review facts and applicable law, decide whether charges are warranted and pursue a case if the evidence supports prosecution. The appointment does not itself mean criminal charges have been filed or that any accused person has been found responsible.
Hochul expresses confidence in James
Hochul and James were questioned about the earlier social media post during the news conference announcing the appointment. The governor said she had full confidence that James would conduct the inquiry based on the available record.
“She’ll 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.
James said Friday that she would not comment on the social media post. Her office was contacted for a response to Miltenberg’s statement, but no response had been received at that time.
The dispute highlights a recurring challenge in high-profile investigations: public officials may speak in support of alleged victims and survivors while later being asked to exercise a prosecutorial role requiring neutrality toward all parties. Miltenberg contends that, in this case, the concern could be avoided by assigning the investigation to a prosecutor without prior public comments on the allegations.
“I believe the better institutional course is for Attorney General James to voluntarily recuse herself from this particular investigation and allow it to be led by a prosecutor who has made no prior public statements concerning the merits of these allegations,” Miltenberg said.
Defense says recusal request is limited
Miltenberg said he is not claiming that James is corrupt, acting improperly or unable to perform her duties professionally. He also said he is not asserting that a court has ruled her legally barred from serving as special prosecutor.
Rather, he framed the request as an effort to eliminate what he views as an unnecessary question surrounding the investigation’s independence. The attorney said a voluntary decision by James to step aside would remove that issue without making broader accusations about her conduct or qualifications.
“This is not an accusation that Attorney General James is corrupt, acting in bad faith or incapable of performing her duties professionally. Nor am I suggesting that a court has determined that she is legally disqualified,” Miltenberg said.
He added that the central concern is narrow: an avoidable question now surrounds the investigation, and recusal could resolve it.
Individual assessment remains central
The allegations concern seven men, and Miltenberg emphasized that each person’s alleged conduct should be evaluated separately. He said Jane Doe deserves a serious, careful and respectful investigation, while Lopes is entitled to an individualized and fair review of the evidence against him.
“Jane Doe is entitled to have her allegations investigated seriously, thoroughly and respectfully. Mr. Lopes is equally entitled to have the evidence concerning him evaluated individually, fairly and with an open mind,” Miltenberg said.
Miltenberg also cautioned against treating public attention as proof. In cases involving extensive publicity, investigators and prosecutors must distinguish between claims, repeated public discussion and evidence that can be evaluated under the law.
“Publicity is not evidence. Repetition is not proof. This investigation should be about the facts and the law — not politics, social media or public pressure,” he said.
Miltenberg has previously said that Lopes “unequivocally denies the allegations against him.” The investigation remains a matter of allegations, and its purpose is to determine what the evidence establishes and whether criminal charges are justified.
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