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An lawyer for 1 of the 7 men accused successful the alleged intersexual battle of a erstwhile Cornell University student astatine a fraternity location successful 2024 is calling for Attorney General Letitia James to measurement down arsenic peculiar prosecutor.
Andrew Miltenberg, the lawyer for Gillio Lopes, said helium thinks James should recuse herself since she antecedently posted astir the lawsuit connected societal media.
Gov. Kathy Hochul tapped James arsenic peculiar authoritative successful the case past week.
"Our interest is not governmental oregon personal. It is astir assurance successful the integrity and independency of this investigation," Miltenberg said. "Before she was appointed peculiar prosecutor, Attorney General James publically described what Jane Doe was 'forced to endure' arsenic 'horrific and unacceptable,' said she was holding her 'in my bosom and successful my prayers,' and told her and 'all survivors,' 'We basal with you.'"
Miltenberg said there's thing incorrect with being compassionate toward idiosyncratic who is making an allegation of intersexual assault.
"The interest is that Attorney General James' words could beryllium reasonably beryllium understood arsenic expressing a presumption astir what occurred earlier she became liable for independently evaluating the grounds and determining whether transgression charges are supported," Miltenberg said.
Both Hochul and James were asked astir James' societal media posts astatine a quality league to denote her assignment arsenic peculiar prosecutor.
Hochul said James "will travel the facts. She'll analyse the grounds and spell wherever it leads, and if the grounds supports charges, she volition prosecute them," adding that she had afloat assurance successful her.
James said Friday she wouldn't beryllium commenting astir her societal media post.
Miltenberg said that fixed James' societal media station and the publicity astir the case, "I judge the amended organization people is for Attorney General James to voluntarily recuse herself from this peculiar probe and let it to beryllium led by a authoritative who has made nary anterior nationalist statements concerning the merits of these allegations."
"This is not an accusation that Attorney General James is corrupt, acting successful atrocious religion oregon incapable of performing her duties professionally. Nor americium I suggesting that a tribunal has determined that she is legally disqualified. The constituent is overmuch narrower: an avoidable question present hangs implicit this investigation, and voluntary recusal would region it," Miltenberg said.
"Jane Doe is entitled to person her allegations investigated seriously, thoroughly and respectfully. Mr. Lopes is arsenic entitled to person the grounds concerning him evaluated individually, reasonably and with an unfastened mind," helium said. "Publicity is not evidence. Repetition is not proof. This probe should beryllium astir the facts and the law—not politics, societal media oregon nationalist pressure."
CBS News New York has reached retired to James' bureau for remark astir Miltenberg's connection and has not yet heard back.
Miltenberg has antecedently said his lawsuit "unequivocally denies the allegations against him."
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