A lawyer representing one of seven Cornell fraternity members accused of sexual assault is urging New York Attorney General Letitia James to step aside after she appeared to treat the allegations as established facts.
Andrew Miltenberg, who represents Chi Phi member Gillio Lopes, criticized James over a social media post she published before being appointed special prosecutor in the case.
The seven men have denied any wrongdoing and have not been charged. The alleged incident occurred in 2024, but the Tompkins County district attorney previously declined to pursue prosecution.
New York Governor Kathy Hochul later selected James to oversee a criminal investigation. Before that appointment was announced, however, James commented publicly about the case on Facebook.
‘What this young woman has been forced to endure is horrific and unacceptable. To her, and to all survivors: you’re not alone. We stand with you,’ James wrote.
Miltenberg argues that the wording of James’ statement shows she had already accepted the allegations as fact and should therefore have no role in the investigation.
‘There is nothing improper about expressing compassion for someone who reports a sexual assault. But there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation,’ he told Fox News.
He said James should recuse herself and allow another senior prosecutor who has not publicly addressed the allegations to lead the probe.
Andrew Miltenberg, who represents Gillio Lopes, a Chi Phi member named in a recent lawsuit, has called on New York Attorney General Letitia James to step down from leading the investigation
New York Governor Kathy Hochul has since called on James to lead the criminal investigation, but before the decision was made, James posted on Facebook about the case
‘That would not weaken the investigation. It would strengthen it,’ the attorney told the outlet.
Miltenberg raised similar objections during an interview with NewsNation’s Chris Cuomo about the case, which has attracted national attention.
‘I think we have great concern as to Attorney General James being in charge because of the position she publicly took and publicized at the outset – before she was named special prosecutor,’ Miltenberg told Cuomo.
‘I don’t know how any of these boys can get a fair investigation and a fair shake at this point,’ he added.
When Cuomo asked whether he had any way to challenge the governor’s decision, Miltenberg said he believed ‘it’s worth a try.’
After Hochul announced James’ new role in the Cornell investigation, a reporter questioned the attorney general about her earlier Facebook post.
‘I will not comment on a Facebook case,’ she replied during a news conference Friday.
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The allegations against the seven fraternity members became public after the alleged victim, identified in court documents as Jane Doe, filed a lawsuit on September 16.
All of the accused have denied any wrongdoing and have not been charged with a crime. The incident took place in 2024, but the Tompkins County district attorney declined to prosecute. (Pictured: The Chi Phi fraternity house at Cornell University)
In the lawsuit, she alleged that she was too intoxicated to consent to sexual activity with the male students on the night of October 19, 2024.
She originally went to visit frat member Matthew Ingalls at the Chi Phi fraternity house around 11pm that evening, she told investigators, according to the lawsuit reviewed by the Daily Mail.
At the time, Jane Doe ‘was visibly intoxicated’ after she ‘consumed about 10 standard drinks within the past three hours,’ the suit read.
When she arrived, Ingalls allegedly asked if she wanted to have a threesome with another frat brother, Jonathan Newell, and during that encounter, Jane Doe alleged that they both supplied her with ‘a white, powdery substance claimed to be Ketamine’ and alcohol, the filing stated.
Newell allegedly sent a Snapchat message to a group chat with more than 50 Chi Phi members that night that read ‘Free p****,’ referring to Jane Doe, according to the lawsuit.
Five others then allegedly engaged in sexual acts with Jane Doe while she was incapacitated and without her consent, the female student told investigators, per the filing.
Ingalls and Newell were both expelled after Jane Doe first reported the alleged assault to the Ivy League university, The New York Times reported.
Meanwhile, Winston Lee, another frat brother named in the lawsuit, was suspended for two years and faced several semesters of disciplinary probation when he returned to campus, according to disciplinary summaries seen by the NYT.
A Snapchat message was sent to a group chat with more than 50 Chi Phi members that night that read ‘Free p****,’ the investigation found
Lopes was suspended for three semesters, followed by two years of probation. Both of them were also ordered to write essays and study sexual harassment, the summaries stated.
Jane Doe has also accused Diego Sarabia, of forcibly kissing her that night, according to the lawsuit.
He was banned from campus for three years and a persona non grata order was issued against him after he graduated at the time of the panel’s ruling, the outlet stated.
The final two men, Scott Noris and Scott Kretzschmar, were told they can not be in contact with Jane Doe, also had to write essays, and had to study sexual harassment and social media use and bystander intervention as a result of the school’s investigation two years ago.
The fraternity chapter has since been banned from campus following the school’s investigation.
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