Cornell defense moves to remove Letitia James from fraternity investigation, says she cannot be fair to client

The defence attorney for a Cornell University fraternity member named in a civil sexual assault lawsuit wants a judge to void New York Attorney General Letitia James’ appointment as special prosecutor, Fox News reported. Attorney Andrew Miltenberg, who represents student Gillio Lopes, said James’ statements supporting the accuser compromised her impartiality.

Speaking on “Saturday in America,” Miltenberg said: “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.” James wrote 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.”

Gov. Kathy Hochul appointed James, citing concerns the incident could not be investigated locally “without conflict or bias.” James denies prejudging the case. Miltenberg and another defendant’s attorney filed a motion to void the appointment.