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Politics

Defense Attorney Demands Letitia James Step Down from Cornell Sexual Assault Case

CBS•2 min read•Oct 5, 2026•Updated: 11d ago•REF: OPA-261005-2XN
Defense Attorney Demands Letitia James Step Down from Cornell Sexual Assault Case

Key Takeaways

  • Defense attorney Andrew Miltenberg called for NY Attorney General Letitia James to recuse herself as special prosecutor in the Cornell sexual assault probe.
  • The defense argues James prejudged the case through past social media posts calling the alleged incident 'horrific and unacceptable.'
  • Governor Kathy Hochul continues to support James' role, while client Gillio Lopes maintains his complete innocence.
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An attorney representing one of seven men accused in an alleged 2024 fraternity house sexual assault at Cornell University has called for New York Attorney General Letitia James to step down as special prosecutor. Defense lawyer Andrew Miltenberg argued that James compromised her impartiality by commenting on the matter publicly before her official appointment to the criminal probe, raising doubts about the investigation's overall independence.

Miltenberg, who represents defendant Gillio Lopes, cited prior social media remarks where James described the victim's experience as horrific and unacceptable while declaring support for all survivors. "Our concern is not political or personal. It is about confidence in the integrity and independence of this investigation," Miltenberg said, arguing that her remarks could be understood as prejudging the case before reviewing evidence. He maintained that a voluntary recusal remains necessary to remove unnecessary legal questions from clouding the probe.

New York Governor Kathy Hochul appointed James to take over the inquiry as special prosecutor following heightened public scrutiny. Despite criticism of her past statements, Hochul firmly defended the appointment during a recent press conference, asserting that James will strictly follow the facts and evidence wherever they lead. James declined to address her past posts directly during the announcement, while Miltenberg emphasized his client unequivocally denies all criminal allegations.

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The defense argues that while the accuser deserves a thorough inquiry, Lopes is equally entitled to a fair assessment uninfluenced by publicity or institutional bias. James' office has not yet issued a formal response to the defense's recusal demand. The ongoing proceedings will determine whether the special prosecutor remains assigned to evaluate the evidence and decide on criminal indictments against the accused individuals.

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MK
Mohammad KaramaliStaff JournalistToronto, Canada

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Editorial Oversight & Machine-Assisted Reporting: This dispatch was synthesized and localized via OPA automated intelligence under continuous human editorial supervision.

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This report was synthesized from CBS under journalistic fair use.