Cornell defense fights to boot Letitia James from fraternity probe, warning she cannot be fair to client

The defense attorney for a Cornell University fraternity member named in a civil sexual assault lawsuit is asking a judge to invalidate the appointment of New York Attorney General Letitia James as special prosecutor.Speaking on "Saturday in America," attorney Andrew Miltenberg, who represents Cornell student Gillio Lopes, argued that the case has become a "cultural battleground" and that James’ public statements supporting the accuser compromised her ability to conduct an 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 said.ATTORNEY FOR FORMER CORNELL FRATERNITY MEMBER WANTS AG JAMES OFF CASE OVER POST SUPPORTING ACCUSERNew York Gov.Kathy Hochul and New York Attorney General Letitia James attend a press conference regarding an investigation into an alleged sexual assault at Cornell University in New York City on Oct.

2, 2026.(REUTERS/Jeenah Moon)Before her appointment, James expressed support for Doe in a Sept.

28 post on X."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."Miltenberg told host Kayleigh McEnany, "We welcome an investigation, just not her, and I don't know how anyone could think at this point that she could be fair."CORNELL SEXUAL ASSAULT CASE REVIVES SCRUTINY OF A LITTLE-KNOWN NEW YORK LAW ON INTOXICATED VICTIMSOn Oct.

19, 2024, Jane Doe attended a party at Cornell's Chi Phi fraternity house.Weeks later, she filed a report with Cornell University Police detailing the alleged incident.

Campus police investigated and submitted Doe's six-page voluntary sworn statement to the Tompkins County District Attorney's Office.Prosecutors declined to pursue charges at the time, concluding that the evidence presente...