The defense attorney for a Cornell University fraternity member named in a civil sexual assault lawsuit is asking a judge to invalidate the appointment of New York Attorney General Letitia James as special prosecutor.
Speaking on "Saturday in America," attorney Andrew Miltenberg, who represents Cornell student Gillio Lopes, argued that the case has become a "cultural battleground" and that James’ public statements supporting the accuser compromised her ability to conduct an impartial investigation.
"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," Miltenberg said.
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Before her appointment, James expressed support for Doe 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," James wrote. "To her, and to all survivors: you're not alone. We stand with you."
Miltenberg told host Kayleigh McEnany, "We welcome an investigation, just not her, and I don't know how anyone could think at this point that she could be fair."
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On Oct. 19, 2024, Jane Doe attended a party at Cornell's Chi Phi fraternity house. Weeks later, she filed a report with Cornell University Police detailing the alleged incident. Campus police investigated and submitted Doe's six-page voluntary sworn statement to the Tompkins County District Attorney's Office.
Prosecutors declined to pursue charges at the time, concluding that the evidence presented did not meet the threshold for criminal charges under New York law.
In the civil complaint cited on air, Doe alleged that Lopes and another defendant placed her on a bed before two men had nonconsensual sex with her. Miltenberg disputed that account, calling it "not true."
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Miltenberg points to text messages Doe allegedly sent the day after the party, which he maintains show the encounters were consensual and contradict the allegations in her lawsuit.
"I understand that perceptions shift and memories shift after a period of time, but her initial statements, her initial texts, her initial testimony with respect to the police, all was very clear about how she viewed this situation," Miltenberg said.
While acknowledging that "post-traumatic stress memory repression is a real thing," Miltenberg maintained that the earliest records contradict the allegations in Doe's lawsuit.
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The case drew the attention of New York Gov. Kathy Hochul, who appointed James as special prosecutor . In her order, Hochul cited concerns raised by Doe and the public that the alleged incident could not be investigated locally "without conflict or bias."
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James has rejected accusations that she prejudged the case, saying during an attorney general campaign debate that her comments supporting the alleged victim were intended to demonstrate "empathy" and insisting that "politics stops at the door" of her office.
Miltenberg and an attorney representing another defendant have filed a motion seeking to invalidate James' appointment as special prosecutor. Miltenberg said he believes the challenge has a "good chance of having her appointment voided."
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"I am hopeful that the judge will see it that way and will void her appointment and appoint or ask the governor to appoint someone equally as experienced, equally as interested in the facts and perhaps less personally invested in the case," he said.
Miltenberg said Lopes remains enrolled at Cornell , adding that his client is "keeping a low profile, and he is looking forward to finishing his degree as a regular college student."
Fox News Digital reached out to the New York Attorney General's Office and Doe's legal team for comment but did not immediately receive a response.
Fox News Digital's Elaine Mallon contributed to this report.