Lawyer for Cornell Accused Students Urges NY AG to Recuse Herself

A lawyer representing one of seven Cornell University fraternity brothers accused of sexual assault is calling for New York Attorney General Letitia James to step down from leading the criminal investigation. Andrew Miltenberg, who is representing Gillio Lopes, a member of the Chi Phi fraternity, stated that James should recuse herself due to a social media post she made prior to her appointment as special prosecutor, which he believes presented the allegations as fact.

All seven students have denied any wrongdoing and have not been charged with a crime. The incident occurred in 2024, but the Tompkins County district attorney initially declined to prosecute. New York Governor Kathy Hochul later appointed James to lead the criminal investigation.

Before her appointment, James posted on Facebook, "What this young woman has been forced to endure is horrific and unacceptable. To her, and to all survivors: you're not alone. We stand with you." Miltenberg argued that this statement, written as fact, disqualifies James from an impartial role in the investigation.

"There is nothing improper about expressing compassion for someone who reports a sexual assault," Miltenberg told Fox News. "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." He suggested that a senior prosecutor who has not commented on the case should handle the probe to strengthen its credibility.

Miltenberg reiterated his concerns to NewsNation's Chris Cuomo, stating, "I think we have great concern as to Attorney General James being in charge because of the position she publicly took and publicized at the outset - before she was named special prosecutor." He expressed doubt about whether the accused students could receive a fair investigation under these circumstances.

The allegations surfaced after the accuser, identified as Jane Doe, filed a lawsuit on September 16. The lawsuit claims she was unable to consent to sexual acts on the night of October 19, 2024, due to intoxication. She reported going to the Chi Phi fraternity house, where she alleged that two fraternity members supplied her with Ketamine and alcohol, and that one sent a Snapchat message to a group chat reading "Free p****," referring to her. The lawsuit further alleges that five other individuals engaged in sexual acts with her while she was incapacitated and without her consent.

Following Jane Doe's initial report to Cornell University, fraternity members Matthew Ingalls and Jonathan Newell were expelled. Winston Lee received a two-year suspension and disciplinary probation. Lopes was suspended for three semesters and placed on probation, with both ordered to write essays and study sexual harassment. Diego Sarabia was banned from campus for three years. Scott Noris and Scott Kretzschmar were prohibited from contacting Jane Doe and also required to complete essays and studies on sexual harassment, social media use, and bystander intervention. The Chi Phi fraternity chapter has since been banned from campus.

When questioned about her Facebook post at a news conference, James responded, "I will not comment on a Facebook case."