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Andrew Miltenberg, who represents Gillio Lopes, one of seven former Cornell students named in the case, has called for Attorney General Letitia James to voluntarily step down as special prosecutor, arguing that her earlier public statements undermine confidence in the investigation’s independence. Miltenberg made clear he was not accusing James of bad faith or corruption but said an avoidable question now hangs over the process that her recusal would eliminate. The request, shared with CBS News and other outlets, comes days after Governor Kathy Hochul placed James in charge of the matter following widespread criticism of the local district attorney’s office.
James wrote on social media on September 28 that what the young woman had been forced to endure was horrific and unacceptable, adding that her office stood with survivors and that they were not alone. Miltenberg stated that these remarks conflict with the need for independently evaluating the evidence without any appearance of a predetermined view. He recommended that the investigation instead be led by a prosecutor who has made no prior statements concerning the merits of the allegations.
Governor Kathy Hochul appointed James as special prosecutor through an executive order on October 1 after removing Tompkins County District Attorney Matthew Van Houten from the case. Hochul’s office cited newly released information that raised serious questions about both the Cornell Police Department’s original probe and Van Houten’s decision not to pursue charges in 2024. The order empowers the attorney general’s office to investigate fully, determine whether offences occurred and present evidence to a grand jury if warranted.
The underlying allegations date to October 2024 when a female student, identified in legal documents as Jane Doe, claimed she was drugged and sexually assaulted by seven members of the Chi Phi fraternity at a house near the Ithaca campus. Doe filed a civil lawsuit against the men, Cornell University and the fraternity last month, which brought renewed attention and led the district attorney to reopen the previously closed investigation. A New York Times review of more than 1,000 pages from the university’s internal inquiry detailed the woman’s weeks of struggle before she reported the episode to authorities.
Lawyers for several of the accused have denied any criminal wrongdoing, with some stating their clients engaged in consensual activity or did not participate at all. Thomas Giuffra, the attorney for the accuser, had welcomed James’ appointment, noting that he and his client had lost all faith in the local prosecutor’s ability or desire to pursue the matter vigorously. Giuffra referenced Van Houten’s public comments questioning whether a crime had occurred despite Doe’s statement to campus police that she was 100 percent certain she had been raped.
Cornell faces ongoing scrutiny over its handling of the initial report, including an agreement with Hochul’s office to hire outside counsel for an independent review of its systems for preventing and responding to sexual misconduct. US media reports indicate the university’s faculty is preparing a no-confidence vote in the administration amid the controversy. James has so far declined to comment directly on her September social media post when asked by reporters.
The case has attracted national coverage as it touches on broader questions of campus safety, prosecutorial impartiality and accountability in sexual assault investigations at major universities. No criminal charges have been filed against any of the seven men as James’ office begins its work, and officials have not released a timeline for when the probe might conclude or reach a grand jury. Miltenberg, who continues to represent Lopes in both the civil and potential criminal matters, reiterated that voluntary recusal would preserve public trust without implying any legal disqualification of the attorney general.
