On the nationally televised program “Saturday in America,” defense counsel for Cornell University student Gillio Lopes, Andrew Miltenberg, urged a New York judge to invalidate the appointment of Attorney General Letitia James as special prosecutor in the civil sexual assault lawsuit involving a Cornell fraternity member.
Defense claims bias from public statements
Miltenberg characterized the case as a “cultural battleground” and contended that James’ September 28 post on X, in which she expressed empathy for the alleged victim, compromised her ability to conduct a neutral investigation. “I do not believe she can be fair. Had she made a statement that was empathetic or compassionate towards a victim, that’s fine. I don’t think that person can become a neutral investigator or prosecutor,” he told host Kayleigh McEnany.
James’ post read, “What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you.” The defense argues that such language creates a conflict of interest, especially after Governor Kathy Hochul appointed James as special prosecutor, citing concerns that the case could not be investigated locally “without conflict or bias.”
Details of the underlying civil case
The lawsuit stems from an incident on Oct. 19, 2024, when Jane Doe attended a party at Cornell’s Chi Phi fraternity house. She later filed a report with Cornell University Police, which produced a six‑page sworn statement submitted to the Tompkins County District Attorney’s Office. Prosecutors declined to pursue criminal charges, stating the evidence did not meet New York’s threshold for prosecution.
Doe alleges that Lopes and another defendant placed her on a bed before two men engaged in non‑consensual sex. Miltenberg disputes the allegation, calling it “not true,” and points to text messages Doe allegedly sent the day after the party that, in his view, indicate the encounters were consensual. He emphasized that early statements, texts, and police testimony were “very clear” about how Doe viewed the situation.
Defense seeks replacement prosecutor
Miltenberg and another attorney representing a co‑defendant have filed a motion to invalidate James’ appointment, arguing that a judge should appoint a special prosecutor who is “equally as experienced, equally as interested in the facts and perhaps less personally invested in the case.” He expressed confidence that the court will see merit in the challenge.
While acknowledging that “post‑traumatic stress memory repression is a real thing,” Miltenberg maintained that the earliest records contradict the allegations in the civil suit. He added that his client, Lopes, remains enrolled at Cornell and is “keeping a low profile, looking forward to finishing his degree as a regular college student.”
Official responses
Attorney General James has rejected accusations of bias, stating that her comments were intended to demonstrate empathy and that “politics stops at the door” of her office. The New York Attorney General’s Office has not provided a comment to Fox News Digital at the time of this writing.
Fox News Digital reached out to both the Attorney General’s Office and Doe’s legal team for comment but did not receive an immediate response.
Original reporting: Fox News (HLL/CB) — read the source article.
