An attorney representing one of seven Cornell University students named in a civil sexual assault lawsuit has filed a motion challenging New York Attorney General Letitia James' authority to serve as special prosecutor, arguing her public statements before her appointment have compromised her impartiality.
Andrew Miltenberg, representing Cornell student Gillio Lopes, contends that James' Sept. 28 social media post expressing support for the alleged victim—made weeks before Gov. Kathy Hochul appointed her to oversee the investigation—creates a conflict of interest. The motion, filed alongside one from another defendant's attorney, seeks to void James' appointment and force the appointment of a replacement prosecutor.
"I do not believe she can be fair," Miltenberg said. "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."
On Sept. 28, before her appointment, James posted: "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."
Hochul appointed James as special prosecutor on Oct. 2, citing concerns from the alleged victim and the public that the case could not be investigated locally "without conflict or bias."
James has publicly denied that her earlier statement prejudged the case. At a recent campaign debate for attorney general, she characterized her social media post as demonstrating "empathy" and maintained that "politics stops at the door" of her office. She has not yet responded to the motion seeking her removal.
The underlying allegations stem from an Oct. 19, 2024, incident at Cornell's Chi Phi fraternity house. According to the civil complaint, the alleged victim—identified as Jane Doe—claims that Lopes and another defendant placed her on a bed before two men engaged in nonconsensual sexual contact with her. Lopes has denied the allegations.
Campus police investigated the matter and submitted Doe's six-page sworn statement to the Tompkins County District Attorney's Office. Prosecutors declined to pursue criminal charges, concluding that the evidence did not meet the threshold required under New York law.
Miltenberg has pointed to text messages allegedly sent by Doe the day after the party as central to his defense. According to Miltenberg, these messages contradict the allegations now contained in the civil lawsuit and suggest the encounters were consensual. "Her initial statements, her initial texts, her initial testimony with respect to the police, all was very clear about how she viewed this situation," he argued.
Miltenberg expressed confidence in the motion's prospects. "I believe the challenge has a good chance of having her appointment voided," he said. "I am hopeful that the judge will see it that way and will void her appointment and appoint or ask the governor to appoint someone equally as experienced, equally as interested in the facts and perhaps less personally invested in the case."
The motion raises a broader institutional question about prosecutorial appointments in high-profile cases. Unlike trial judges, who can recuse themselves, prosecutors typically have discretion over their own recusal decisions.
Lopes remains enrolled at Cornell. According to his attorney, the student is maintaining a low profile and hopes to complete his degree.
The New York Attorney General's Office and Doe's legal team did not respond to requests for comment.
