An attorney representing a student accused in a sexual assault case at Cornell University is requesting that New York Attorney General Letitia James be removed as special prosecutor, citing alleged bias and a presumption of guilt. Andrew Miltenberg, the lawyer for student Gillio Lopes, filed a petition in an Albany court asking to void Gov. Kathy Hochul’s appointment of James. The legal challenge centers on a social media post made by James regarding the case, which defense lawyers argue demonstrates a pre-existing opinion on the matter. Gov. Hochul appointed James to independently investigate the case after expressing a loss of confidence in the Cornell University Police Department and the Tompkins County District Attorney, who had previously chosen not to file charges. In a statement posted to social media on Sept. 28, James expressed support for the accuser, known as Jane Doe, calling what she endured horrific and unacceptable while offering her prayers and solidarity to survivors. Miltenberg argued in court filings that the public statement makes it clear James has already concluded that the named defendants are guilty. During a press conference, James declined to comment directly on the social media post. However, Gov. Hochul defended the appointment, expressing full confidence that James will fairly examine the record and follow the facts. The case involves allegations from a former student who filed a civil suit claiming she was drugged and assaulted at a fraternity house. Lopes was previously suspended for one year by the university after a Title IX finding determined he participated in sexual activity when the complainant was unable to consent. Lopes has denied wrongdoing, and his attorney contends that the accuser’s story has changed significantly over time. Defense counsel also noted that the extensive public attention and social media reaction have severely impacted his client’s ability to receive a fair evaluation. The ongoing legal proceedings continue to draw intense scrutiny to campus safety and the handling of sexual assault allegations at universities.
Source: abcnews.com
