An attorney for one of the “Cornell 7” on Monday called on state Attorney General Letitia James to step down from the investigation for being biased against the accused students.
James’ statements that she stood with the alleged rape victim over what she had “been forced to endure” raise questions over the “confidence in the integrity and independence of this investigation,” attorney Andrew Miltenberg, who represents one of the seven Chi Phi fraternity brothers, said.
“I believe the better institutional course is for Attorney General James to voluntarily recuse herself from this particular investigation,” Miltenberg, the lawyer for Gillio Lopes, told The Post — adding that it should be “led by a prosecutor who has made no prior statements concerning the merits of these allegations.”
Andrew T. Miltenberg, a lawyer for one of the Cornell students accused in a 2024 sexual assault case, speaks to Chris Cuomo. NewsNation
James on Friday was appointed by Gov. Kathy Hochul as special prosecutor in the alleged gang-rape case, replacing Tompkins County District Attorney Matthew Van Houten — who controversially did not bring criminal charges when the accuser reported it in 2024.
Before she was appointed, James made a post on Facebook that critics said showed she couldn’t be objective about the case.
James said that what the accuser, identified only as “Jane Doe” had “been forced to endure” was “horrific and unacceptable,” adding, “we stand with you.”
“There is nothing wrong with expressing compassion toward someone alleging sexual assault,” Miltenberg noted, but “the concern is that James’ words could reasonably be understood as expressing a view about what occurred before she became responsible for independently evaluating the evidence and determining whether criminal charges are supported.”
New York Governor Kathy Hochul speaks during a news conference with New York Attorney General Letitia James, Friday, Oct. 2, 2026, in New York. AP Photo/Yuki Iwamura
Caution is “especially important in a case already surrounded by extraordinary publicity, political commentary and social-media pressure — where allegations can quickly harden into public conclusions before the evidence has been fully tested,” Miltenberg stressed.
While making clear he was not accusing James of being “corrupt, acting in bad faith or incapable of performing her duties professionally,” he said her “voluntary recusal” would remove “an avoidable question [that] now hangs over this investigation.”
“Publicity is not evidence. Repetition is not proof,” Miltenberg said. “This investigation should be about the facts and the law—not politics, social media or public pressure.”
The Chi Phi Fraternity House is seen on the Cornell University campus in Ithaca, N.Y., on Wednesday, Sept. 30, 2026. Cornell has been the center of a growing scandal regarding sexual assault that was underreported at the fraternity house in 2024. Lone Pine Press for NY Post
His client, Gillio Lopes, is accused of participating in the alleged gang rape, according to Doe’s lawsuit, claiming he had sex with her with another of the accused students and snorted ketamine off of her body.
“Gillio was in the room for a limited period of time, less than 20 minutes,” Miltenberg told New Nation in an interview Monday. “I don’t want to take away from whatever Jane Doe’s experience was. It was clearly traumatic to her. We differ on whether (the sex) was consensual; we differ on what he saw, what he experienced, and how long he was in the room.”
James dismissed questions about her objectivity in light of the post last week.
“I will not comment on a Facebook post,” she told reporters as Hochul announced her appointment, later insisting that the investigation will be guided by “the facts and the law.”
Here’s the latest on the ‘Cornell 7’ frat probe:
Hochul, during that same Friday press conference, criticized how the case had initially been handled.
“At every turn, [Doe] was failed by people and institutions with an obligation to protect her,” she said.
James said what Jane Doe had “been forced to endure” was “horrific and unacceptable,” adding, “we stand with you.” AP Photo/Yuki Iwamura
Hochul also said the case — which has received national attention — exposed “a gap in state law,” under which if someone voluntarily consumes drugs or alcohol, there is a far higher burden of proof for sexual assault charges.
President Trump recently branded James “totally corrupt,” and claimed that the seven alleged gang rapists “won’t get a fair shake” under her investigation.
He added that he felt “badly for whoever” James was prosecuting, speaking to reporters as he left the White House on Friday.
James dismissed questions about her objectivity in light of the post last week. J.C. Rice for NY Post
None of the seven fraternity brothers have been criminally charged in relation to the alleged incident at a frat house party in October 2024.
Van Houten initially declined to pursue criminal charges, saying Jane Doe’s initial signed statement made to Cornell University Police did not establish a crime under New York law.
But he reopened the investigation after Doe filed a lawsuit last month reportedly containing new information.
The Cornell University campus is pictured on Wednesday, Sept. 30, 2026, in Ithaca, N.Y. Lone Pine Press for NY Post
Cornell has separately agreed to an independent review of its initial handling of the investigation.
The disciplinary process resulted in two expulsions and two suspensions of at least two semesters, university president Michael Kotlikoff said.
One of the students graduated before any punishment could be imposed, while two were found not responsible for sexual misconduct, according to Cornell.
Some of the seven men named in the lawsuit acknowledged sexual contact with Doe, but said it had been consensual, according to a report seen by the New York Times.
If you or someone you know is affected by any of the issues raised in this story, call the Sexual Assault Hotline at 800-656-HOPE (800-656-4673).