A defense attorney for one of seven Cornell University fraternity members accused of sexual assault has called for New York Attorney General Letitia James to recuse herself from leading the investigation, citing her prior social media statements about the case. Andrew Miltenberg, representing Gillio Lopes, argued that James’ pre-appointment comments could undermine public confidence in the probe’s independence.
Governor Kathy Hochul appointed James as special prosecutor last week to oversee the investigation into the alleged 2024 incident at a Chi Phi fraternity house. The accused men have denied any wrongdoing, and no criminal charges have been filed. The Tompkins County District Attorney declined to prosecute in 2024.
Part 1: Immediate Action & Core Facts
Defense attorney requests recusal
Miltenberg, speaking to Fox News, stated that James’ social media post before her appointment—describing the allegations as "horrific and unacceptable"—could be interpreted as prejudging the case. He argued that her statements risked compromising the investigation’s perceived fairness. "There is nothing improper about expressing compassion for someone who reports a sexual assault. But there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation," Miltenberg said.
Governor appoints special prosecutor
Hochul announced James’ appointment on May 2, stating she would "investigate this incident and, if warranted, prosecute any offenses arising from that investigation." At a subsequent news conference, Hochul defended James’ ability to lead the probe, asserting she would "follow the facts" and examine evidence impartially. James declined to comment on her prior social media post when asked by reporters.
Part 2: Deeper Dive & Context
Legal and ethical concerns raised
Miltenberg emphasized that James’ pre-appointment remarks—including a Facebook post where she wrote, "To her, and to all survivors: you're not alone. We stand with you"—could create the appearance of bias. He suggested that another prosecutor without prior public statements about the case should lead the investigation to ensure its integrity. "That would not weaken the investigation. It would strengthen it," he told Fox News.
Official responses and procedural steps
Hochul and James addressed concerns about the appointment during a joint press briefing. Hochul reiterated her confidence in James, stating, "She will follow the facts. She'll examine the evidence and go wherever it leads." James did not respond to questions about her social media post at the event. The New York Attorney General’s Office has not issued further statements regarding the recusal request.
Background on the case
The allegations stem from an incident reported in October 2024, involving a former Cornell student identified as Jane Doe. The accused men, all members of the Chi Phi fraternity, have denied involvement. The Tompkins County District Attorney’s Office declined to pursue charges in 2024, citing insufficient evidence. Hochul’s decision to appoint James as special prosecutor followed calls for further review of the case.
No charges filed; investigation ongoing
As of the latest reporting, no criminal charges have been filed against the accused individuals. The investigation remains active under James’ oversight. The accused men continue to deny any wrongdoing, and their legal representatives have not publicly commented beyond Miltenberg’s recusal request.
Key takeaways
- Andrew Miltenberg, attorney for Gillio Lopes, has formally requested that Attorney General Letitia James recuse herself from the Cornell investigation, citing her prior social media statements.
- Governor Kathy Hochul appointed James as special prosecutor on May 2, asserting her ability to lead an impartial investigation.
- The accused men have denied allegations, and no charges have been filed. The case stems from an incident reported in October 2024.
- The Tompkins County District Attorney declined to prosecute in 2024, and the investigation is ongoing under James’ leadership.