Cornell frat member "didn't do anything ... to be remorseful about," attorney says

A lawyer for one of the seven men accused of sexually assaulting Jane Doe at a Cornell frat house in October 2024 says his client "didn't do anything in his view to be remorseful about."

Gillio Lopes, who served a school-sanctioned suspension over his alleged misconduct, has maintained his interaction with Jane Doe was consensual, including when they had sex that night. 

Lopes' attorney, Andrew Miltenberg, says his client was with Jane Doe, then left the room before one of his fraternity brothers sent a text advertising "free" sex to a group message with dozens of Chi Phi members. He also claims Lopes didn't even see the vulgar texts until they were presented during the Title IX investigation.

When asked if Lopes felt remorseful about the incident, Miltenberg told "CBS Mornings," "He didn't do anything in his view to be remorseful about. That doesn't stop him from treating the situation with dignity and empathy and respect."

In a sworn statement to Cornell police at the time, Jane Doe described being intoxicated when she had a threesome with Lopes and another Chi Phi member in Lopes' room at the fraternity house. But she said she didn't remember much of it because she was "pretty intoxicated." Eventually, she said, Lopes left the room.

"I do believe my client, and he maintains that he did not know she was impaired," Miltenberg told CBS News.

However, Miltenberg told CBS News Cornell's Title IX investigation found Lopes should have known that Jane Doe was incapacitated and concluded he was responsible for sexual assault.

Lopes' punishment from Cornell included a three-semester suspension, and required him to write a reflection essay. Miltenberg called the result "unfair."

Lopes has since returned to Cornell, where last week he was confronted by a fellow student who asked if he was "ashamed" that he was still allowed to be a student at the university while Jane Doe had to leave, according to a social media video authenticated by CBS News.

In Jane Doe's sworn police statement, she said at least six fraternity brothers were in Lopes' room when he returned with another Chi Phi member and said they were "shutting down" whatever was going on.

"He remembers saying something, so I'm not sure it was those exact words," Miltenberg said. "It was his room. It was after midnight. I'm sure he wanted to go to bed."

Miltenberg previously responded to the allegations in a statement days after Jane Doe filed a civil lawsuit against Lopes and six other fraternity members.

"Cornell previously investigated these allegations. The allegations now being made publicly differ from what was reported and investigated during that process," Miltenberg said in a statement. "These are serious accusations, but accusations are not proof. Mr. Lopes should be judged on the evidence, not prejudged based on allegations made in a lawsuit or repeated in the media. We will address these issues through the appropriate legal process."

Miltenberg also filed a formal petition Wednesday calling for New York Attorney General Letitia James to recuse herself from the state's criminal investigation. His firm argues James showed bias in public comments before she took on the case when she said on social media, in part, that what Jane Doe "has been forced to endure is horrific and unacceptable."

The attorney general's office declined to comment, but Gov. Kathy Hochul, who appointed James as a special prosecutor in the case, said she has "every confidence" in her.

In:

• Cornell University
• Sexual Assault

Gillio Lopes' lawyer denies sexual assault claims in Cornell case