An attorney for one of seven men accused in an alleged sexual assault at a Cornell University fraternity house has called for Letitia James to step down as special prosecutor in the case.
Andrew Miltenberg, who represents Gillio Lopes, said Ms James should recuse herself because she had previously commented on the allegations on social media.
New York Governor Kathy Hochul appointed the attorney general as special prosecutor last week. Before that appointment, Ms James described what the alleged victim, referred to as Jane Doe, was “forced to endure” as “horrific and unacceptable”.
She also said she was holding the woman “in my heart and in my prayers” and told her and “all survivors”: “We stand with you.”
Mr Miltenberg said compassion towards someone making an allegation of sexual assault was not the issue. He argued that Ms James’s remarks could be understood as expressing a view about what had happened before she was responsible for assessing the evidence and deciding whether criminal charges were justified.
“Our concern is not political or personal. It is about confidence in the integrity and independence of this investigation,” Mr Miltenberg said.
Ms Hochul said Ms James would “follow the facts” and “go wherever it leads”, adding that she had full confidence in her. Ms James said on Friday that she would not comment on her earlier social media post.
Mr Miltenberg said voluntary recusal would allow the investigation to be led by a prosecutor who had made no public statements about the merits of the allegations.
He said the request was not an accusation that Ms James was corrupt, acting in bad faith or unable to perform her duties professionally, nor a claim that a court had found her legally disqualified.
“Jane Doe is entitled to have her allegations investigated seriously, thoroughly and respectfully. Mr Lopes is equally entitled to have the evidence concerning him evaluated individually, fairly and with an open mind,” he said.
“Publicity is not evidence. Repetition is not proof. This investigation should be about the facts and the law—not politics, social media or public pressure.”
Mr Lopes has previously said he “unequivocally denies the allegations against him”. Ms James’s office had not responded to a request for comment on Mr Miltenberg’s statement.
