Letitia James Faces Challenge to Special Prosecutor Role in Cornell Sexual Assault Case

The defense attorney for a Cornell University fraternity member targeted in a civil sexual assault lawsuit is seeking to invalidate the appointment of New York Attorney General Letitia James as special prosecutor. Andrew Miltenberg, representing student Gillio Lopes, argued that James' public statements supporting the accuser have compromised her ability to conduct a fair and impartial 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," Miltenberg stated on "Saturday in America." He added, "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, along with an attorney representing another defendant, has filed a motion to void James' appointment. He expressed hope that a judge would agree, leading to the governor appointing someone "equally as experienced, equally as interested in the facts and perhaps less personally invested in the case."

The case stems from an alleged incident on October 19, 2024, at Cornell's Chi Phi fraternity house. The accuser, identified as Jane Doe, filed a report with campus police, who then submitted her statement to the Tompkins County District Attorney's Office. Prosecutors declined to press criminal charges, citing insufficient evidence under New York law.

Doe subsequently filed a civil complaint alleging that Lopes and two other defendants sexually assaulted her. Miltenberg has disputed this account, stating it is "not true."

Prior to her appointment as special prosecutor, James made a public statement on X (formerly Twitter) on September 28, expressing support for Doe. "What this young woman has been forced to endure is horrific and unacceptable. I'm holding her in my heart and in my prayers," James wrote. "To her, and to all survivors: you're not alone. We stand with you."

New York Governor Kathy Hochul appointed James as special prosecutor, citing concerns about local investigation bias. In her appointment order, Hochul noted that the alleged incident could not be investigated locally "without conflict or bias."

James has defended her prior statements, asserting during an attorney general campaign debate that they were intended to convey "empathy" and that "politics stops at the door" of her office. She has rejected accusations of prejudging the case.

Miltenberg pointed to text messages Doe allegedly sent the day after the party, which he claims indicate consensual encounters and contradict the lawsuit's allegations. He acknowledged the concept of "post-traumatic stress memory repression" but maintained that early records do not support the civil complaint.

Lopes remains enrolled at Cornell, and Miltenberg stated his client is "keeping a low profile, and he is looking forward to finishing his degree as a regular college student."

Fox News Digital reached out to the New York Attorney General's Office and Doe's legal team for comment but did not receive an immediate response.