Defense attorney says Letitia James should recuse herself from Cornell investigation

An attorney for one of the seven men accused in the alleged sexual assault of a former Cornell University student at a fraternity house in 2024 is calling for Attorney General Letitia James to step down as special prosecutor. 

Andrew Miltenberg, the attorney for Gillio Lopes, said he thinks James should recuse herself since she previously posted about the case on social media. 

Gov. Kathy Hochul tapped James as special prosecutor in the case last week. 

"Our concern is not political or personal. It is about confidence in the integrity and independence of this investigation," Miltenberg said. "Before she was appointed special prosecutor, Attorney General James publicly described what Jane Doe was 'forced to endure' as 'horrific and unacceptable,' said she was holding her 'in my heart and in my prayers,' and told her and 'all survivors,' 'We stand with you.'" 

Miltenberg said there's nothing wrong with being compassionate toward someone who is making an allegation of sexual assault. 

"The concern is that Attorney General James' words could be reasonably be understood as expressing a view about what occurred before she became responsible for independently evaluating the evidence and determining whether criminal charges are supported," Miltenberg said.  

Both Hochul and James were asked about James' social media posts at a news conference to announce her appointment as special prosecutor. 

Hochul said James "will follow the facts. She'll examine the evidence and go wherever it leads, and if the evidence supports charges, she will pursue them," adding that she had full confidence in her.

James said Friday she wouldn't be commenting about her social media post. 

Miltenberg said that given James' social media post and the publicity around the case, "I believe the better institutional course is for Attorney General James to voluntarily recuse herself from this particular investigation and allow it to be led by a prosecutor who has made no prior public statements concerning the merits of these allegations."

"This is not an accusation that Attorney General James is corrupt, acting in bad faith or incapable of performing her duties professionally. Nor am I suggesting that a court has determined that she is legally disqualified. The point is much narrower: an avoidable question now hangs over this investigation, and voluntary recusal would remove it," Miltenberg said. 

"Jane Doe is entitled to have her allegations investigated seriously, thoroughly and respectfully. Mr. Lopes is equally entitled to have the evidence concerning him evaluated individually, fairly and with an open mind," he said. "Publicity is not evidence. Repetition is not proof. This investigation should be about the facts and the law—not politics, social media or public pressure."

CBS News New York has reached out to James' office for comment about Miltenberg's statement and has not yet heard back. 

Miltenberg has previously said his client "unequivocally denies the allegations against him."