Defense lawyer asks Letitia James to step aside from Cornell case

Gillio Lopes’s lawyer says the New York attorney general’s earlier posts about the student’s allegations could raise questions about impartiality. James was appointed special prosecutor in the investigation of alleged sexual assault at Cornell University.

Andrew Miltenberg, lawyer for Gillio Lopes, one of seven men accused in an alleged sexual assault involving a former Cornell University student in 2024, has called on New York Attorney General Letitia James to step aside as special prosecutor. He argues that James’s social-media posts before her appointment could prompt questions about her impartiality.

In earlier posts, James called what the student said she experienced “horrific and unacceptable,” wrote that she was holding her “in my heart and in my prayers,” and said, “We stand with you.” Miltenberg said he does not object to showing compassion to someone who has made an allegation. His concern, he said, is that the posts could be read as expressing a view about events before an independent review of the evidence.

Governor Kathy Hochul appointed the attorney general’s office as special prosecutor last week. At a news conference, Hochul said James would follow the facts and evidence and expressed full confidence in her. James said she would not comment on her earlier posts.

Miltenberg said he was not accusing James of misconduct and was not claiming a court had ruled her legally disqualified. He described voluntary recusal as a way to remove questions about the investigation’s independence. Lopes, his lawyer said, unequivocally denies the allegations. CBS News said James’s office had not responded to a request for comment by publication time.