Cornell defense fights to boot Letitia James from fraternity probe, warning she cannot be fair to client

Cornell Sexual‑Assault Case: Defense Attorney Seeks to Remove New York Attorney General as Special Prosecutor

In a civil lawsuit filed by an alleged victim against a former Cornell University fraternity member, the defense has taken the fight to the courtroom. Andrew Miltenberg, the attorney representing Gillio Lopes, has asked a judge to invalidate the appointment of New York Attorney General Letitia James as the special prosecutor in the matter.

The case has evolved into what Miltenberg describes as a “cultural battleground,” and he argues that James’s public statements in support of the accuser have undermined her capacity to conduct an impartial investigation.

The Allegations

• Defendant: Gillio Lopes, a former member of the Chi Phi fraternity at Cornell University.
• Plaintiff: An anonymous “Jane Doe,” who attended a Chi Phi party on October 19, 2024.
• Incident: Doe alleges that Lopes and a second unnamed defendant placed her on a bed, after which two men engaged in non‑consensual sexual acts with her.
• Civil Complaint: Doe’s lawsuit claims that the defendants “placed her on a bed before two men had nonconsensual sex with her.” Miltenberg has denied this account, calling it “not true.”

The civil action was filed after the incident, and the evidence was first reviewed by Cornell University Police. A six‑page voluntary sworn statement from Doe was submitted to the Tompkins County District Attorney’s Office. Prosecutors determined that the evidence did not meet the criminal threshold under New York law and declined to bring criminal charges.

The Special Prosecutor Appointment

• Governor Kathy Hochul appointed AG Letitia James as the special prosecutor after concerns were raised that the local investigation could be “biased or conflicted.”
• James was appointed under a legal framework that allows a governor to appoint a special prosecutor in cases where the district attorney may face a conflict of interest.
• Before the appointment, James posted a supportive message on X (formerly Twitter) on September 28 in which she said, “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.”

James maintains that her comments were meant to demonstrate empathy for survivors, not to bias an investigation, and she has denied that her public statements compromise her objectivity.

The Motion to Void the Appointment

Miltenberg has filed a motion asking a judge to void James’s appointment as special prosecutor. In the motion, he argues:

“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 also said:

“We welcome an investigation, just not her, and I don’t know how anyone could think at this point that she could be fair.”

Miltenberg points to text messages that Doe allegedly sent the day after the party, which he claims indicate that the encounters were consensual and contradict her lawsuit. He acknowledges the possibility of post‑traumatic stress memory repression but insists that the earliest records are inconsistent with the plaintiff’s claims.

In the motion, Miltenberg said he is “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.”

Current Status of the Defendant

Gillio Lopes remains a student at Cornell University and is reportedly keeping a low profile while he prepares to complete his degree. He has not been charged criminally and has not been formally removed from the university’s student body.

Reactions and Next Steps

The motion to invalidate James’s appointment is pending in the court that oversees the civil case. No official response has yet been released by the New York Attorney General’s Office. Likewise, Jane Doe’s legal team has not responded to inquiries from Fox News.

The dispute over the prosecutor’s appointment underscores the broader debate over impartiality in sexual‑assault investigations, especially when high‑profile public officials become involved. As the case proceeds, both parties will be closely monitored by media and legal observers who are eager to see whether the special prosecutor will ultimately be retained or replaced.

For now, the court’s decision on the motion will determine whether the investigation into the alleged assault at Cornell will move forward under a new prosecutor or remain under the current appointment by Governor Hochul.