Lawyer for accused Cornell student looks to have Letitia James removed from case: news

Cornell University Investigation: Defense Seeks Disqualification of Attorney General Letitia James

A defense attorney representing Gillio Lopes, one of the individuals named in a high-profile Cornell University sexual assault civil lawsuit, has filed a legal petition in New York State Supreme Court seeking to remove New York Attorney General Letitia James from overseeing the criminal investigation as special prosecutor.

Key Details and Grounds for Disqualification

• Allegations of Public Bias: The motion, filed by defense attorney Andrew Miltenberg, argues that Attorney General Letitia James compromised her impartiality through public statements posted on social media prior to her formal appointment by Governor Kathy Hochul. In those comments, James described the alleged victim’s ordeal as “horrific and unacceptable” and stated that she stood with “all survivors.”

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• Due Process Concerns: The defense contends that these statements demonstrate prejudgment of the facts before an impartial evidentiary review was conducted, thereby creating an unacceptable conflict of interest and violating the accused’s constitutional right to a fair, objective proceeding.

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• Relief Sought: The petition requests that the court either vacate the executive order naming James as special prosecutor or order Governor Hochul to appoint an independent outside prosecutor to lead the investigation.

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• Scope of the Case: The underlying investigation stems from a civil suit alleging an incident at Cornell’s Chi Phi fraternity house. The accused parties have denied all allegations of wrongdoing, and the defense maintains that any prosecutorial authority must maintain absolute neutrality.

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