Cornell Student Seeks to Remove New York AG as Special Prosecutor
Cyberzenhub.com – Accused Cornell fraternity member pushes to remove New York Attorney General Letitia James as special prosecutor in an investigation into alleged sexual assault involving a Cornell University student. Gillio Lopes argues that a social media post James made before her appointment shows bias and should disqualify her from the role.
Lopes, represented by attorney Andrew Miltenberg, filed a request in Albany court challenging Gov. Kathy Hochul’s decision to appoint James. The filing seeks to invalidate the appointment and asks for a different prosecutor without actual or perceived conflicts or prejudgment.
Hochul appointed James after saying she had lost confidence in the Cornell University Police Department and the Tompkins County District Attorney. Those authorities had previously decided not to bring criminal charges in the matter.
Defense Cites Attorney General’s Social Media Post
The accused Cornell fraternity member pushes his challenge based largely on a Sept. 28 social media message from James supporting the woman identified in court records as Jane Doe. The post responded to reports about the allegations and expressed solidarity with survivors.
“What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you,”
Miltenberg argues that the statement did more than offer general support to survivors. He contends it showed James had accepted Doe’s allegations as true before reviewing the evidence as a special prosecutor.
According to court papers, Lopes’ legal team says James had already formed an opinion about the allegations and concluded that Lopes and other accused students were guilty. James declined to discuss the social media post when asked about it after her appointment.
“I will not comment on a Facebook post,”
James has not made additional public comments about the case. Hochul defended her selection, saying the attorney general could be trusted to review the facts and reach an appropriate conclusion.
“I have every confidence in our attorney general to do what she has always done. Look at the facts, examine the record, and draw the proper conclusions. That’s exactly what’s going to happen in this case,”
Dispute Centers on Consent and Prior University Discipline
The court filing also challenges parts of Doe’s account, with Miltenberg arguing that her description of events changed over time. Doe’s attorney, Thomas Giuffra, has rejected those claims as self-serving defense arguments.
Giuffra has maintained that Doe could not consent to the alleged sexual activity. He said she had been given ketamine and was intoxicated before entering the fraternity setting.
“She was not. Think about it. They were loading her up with ketamine. They were loading her up with — she was drunk before she walked in the door,”
The issue of consent was central to Cornell’s disciplinary process. Lopes was suspended for one year after the university found him responsible for participating in sexual activity while Doe was “incapable of conveying consent,” according to Miltenberg.
The disciplinary outcome also required Lopes to complete an educational restorative class and submit an essay. He has continued his studies at Cornell following the suspension.
What the Court Request Could Decide
The accused Cornell fraternity member pushes to remove James, but the court request does not determine whether the underlying allegations are true. Instead, it focuses on whether James can continue serving as the prosecutor assigned to examine the case.
Miltenberg says extensive public discussion has made it more difficult for Lopes to receive fair treatment. He cited James’ post, online commentary and a confrontation involving Lopes on the Cornell campus earlier in the month.
“By saying what she said, posting what she posted several days later, you could reasonably read that as her, Letitia James, having accepted the factual premise of the allegations,”
Miltenberg also said public reaction had caused lasting harm to Lopes and the other students accused in the matter.
“I think that his life and the lives of the other young men has already been destroyed in the court of public opinion. I don’t know how he ever overcomes this. He has been absolutely condemned by public opinion on social media, and that’s a significant issue.”
Frequently Asked Questions
Why is the Cornell student seeking to remove Letitia James?
Lopes argues that James’ Sept. 28 social media post supporting Jane Doe creates an appearance of bias. His court filing asks for a new special prosecutor who has not publicly addressed the allegations.
What role does the New York attorney general have in the case?
Gov. Hochul appointed James as special prosecutor to examine the matter after expressing a lack of confidence in the Cornell University Police Department and the Tompkins County District Attorney.
Does the request decide whether Lopes is guilty?
No. The legal request concerns James’ appointment and whether she should remain special prosecutor. It does not decide the underlying allegations or criminal responsibility.
