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EXHIBIT(S) - 8. New Articles
NYSCEF document #11 | Filed: 2026-10-07 | Filed by: MILTENBERG, ANDREW T Filed: Received: | Docket status: Processed Confirmation Notice | Case: Lopes v. Hochul (Cornell 7 Lopes Against Special Prosecutor Assignment Tish James) | Source: NYSCEF
File: NYSCEF-case-20f2fbf9d925-000011.pdf · 9.65 MBSHA-256:
950bfae2a2df…d7afbde74b OCR: ready · Transcript: not_applicable
OCR / extracted text
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Exhibit 8
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
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Cornell,
Letitia
James and the NewYork Ethics
Code - WSJ
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https://www.wsj.com/opinion/cornell-letitia-james-and-the-new-york-ethics-code-c4f21354
OPINION
COMMENTARYFollow
Cornell,
Letitia
James and the NewYork Ethics
Code
Prejudicial
statements
by NewYork's
attorney
general
should
disqualify
her
from the investigation.
By Justin
Dillon
Oct.
4, 202611:36 amET
Stephen Covey famously
advised
that
one should always "begin
with
the end
in mind." NewYork's
attorney
general
seems to have taken that
a bit
too
literally.
OnThursday Gov. Kathy Hochul announced that
she was appointing
Letitia
James as a special
prosecutor
to investigate
the alleged
2024 gang rape at
Cornell
University.
In her statement
announcing
the appointment,
Ms.
Hochul
said that
she had "lost
faith
in the Tompkins County DA's ability
to
fairly
oversee"
the case and that
"the young womanat the center
of this
case deserves
to know that
every fact
will
be examined and justice
pursued."
The signal
she is sending
couldn't
be clearer
and goes well beyond the usual
efforts
of a politician
to please her constituents:
There
is only one acceptable
outcome here,
and I expect Attorney
General James to find
it.
Ms. James doubtless
understands
the assignment,
having run for
office
in
2018 on a platform
in which she proudly
proclaimed
she would go after
Donald Trump and then eagerly
proceeded
to do so. Public
statements
she
has already
made about the case raise
serious
questions
about whether
state
ethics
rules
permit
her to participate
in the case at
all.
https://www.wsj.com/opinion/cornell-letitia-james-and-the-new-york-ethics-code-c4f21354?st=ycmJ5Q
1/5
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Cornell,
Letitia
James and the NewYork Ethics
Code - WSJ
On Sept.
28, three
days before
Ms. Hochul announced the appointment,
Ms.
James posted the following
statement
on both X and Facebook: "What this
young womanhas been forced
to endure
is horrific
and unacceptable.
I'm
holding
her in myheart
and in myprayers.
To her, and to
all
survivors:
you're
not alone. Westand with
you."
As an initial
matter,
we don't
actually
know what "this
young womanhas
been forced
to endure."
The point
of the investigation
would be to find
that
out. The NewYork Times obtained
documents from the university's
investigation,
which present
a complicated
picture:
Jane Doe, as her lawsuit
identifies
her,
initially
texted
one of the now-accused menthat
"non [sic]
of
the sexual
stuff
was illegal"
and that
she enjoyed being with him and one of
his
fraternity
brothers.
She accused them of rape only
after
being
disinvited
from the fraternity's
Halloween
party.
Nor-to
put
it mildly-do
prosecutors
publicly
proclaim
that
they hold
accusers
in their
"heart"
and "prayers."
And consider
Ms. James's
declaration
that
she is on the
side
of "survivors."
Whether the accuser
is a
"survivor"
is the very question
that an investigation
is meant to answer.
To
start
by characterizing
her that way is to turn
the burden of proof on its
head. Ms. James's job
is to determine
whether there
is probable
cause to
believe
that someone mayhave committed
a crime,
and whether she can
persuade
a jury
of his
guilt
beyond a reasonable
doubt.
It
isn't
to "stand
with"
either
side.
Rule 3.6(a)
of the NewYork Rules of Professional
Conduct prohibits
a lawyer
from making an "extrajudicial
statement
that
the lawyer knows or
reasonably
should know will
be disseminated
by means of public
communication
and will
have a substantial
likelihood
of materially
prejudicing
an adjudicative
proceeding
in the matter."
Rule 3.6(b)
lists
examples
of such statements,
including
"any opinion
as to the guilt
or
innocence
of a defendant
or suspect
in a criminal
matter
that
could
result
in
incarceration."
Almost two decades ago, violations
of this
ethics
provision
played a role
in
the disbarment
of Mike Nifong,
district
attorney
of Durham County,
N.C.,
https://www.wsj.com/opinion/cornell-letitia-james-and-the-new-york-ethics-code-c4f21354?st=ycmJ5Q
2/5
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10:46 AM
Cornell,
Letitia
James and the NewYork Ethics
Code - WSJ
whoproclaimed
the guilt
of accused students
in the Duke lacrosse
case
before
undertaking
any investigation
of the facts.
That case was taken over
by the
state
attorney
general,
who dropped the charges.
Years
later
the
accuser
publicly
apologized
for
fabricating
the charges.
Ms. James is a savvy operator
and knows she is playing
with
house money.
Her public
statements
about Mr. Trump didn't
lead to either
her
disqualification
from his case or any consequences
from the NewYork State
Bar, and she expects
this
time
is unlikely
to be different.
That maybe why,
when asked about her tweet
at a Friday
press
conference,
Ms. James did not
take the opportunity
to walk back or "clarify"
her comments. Instead,
she
responded
with
regal
disregard:
"I will
not comment on a Facebook post."
So we are left
with
a Javert
problem:
Like the blinded-by-righteousness
police
inspector
who mercilessly
pursues Jean Valjean
in "Les Misérables,"
Ms. James will
begin her ownpursuit
of seven young menwhohave already
been punished
by Cornell
(some severely)
and whohave reasonably
believed
for almost two years
that
they could
take the local
prosecutor's
declination
at face value. Wecan only hope that somehowthis
case will
cometo a just
end.
Mr. Dillon,
a former
federal
prosecutor,
is a partner
at Dillon
PLLC, where he
represents
students
and professors
in campus misconduct
cases.
NewYork Attorney
General
Letitia
James and Governor Kathy Hochul at a news conference
in New
York, Oct.
2. SPENCERPLATT/GETTYIMAGES
https://www.wsj.com/opinion/cornell-letitia-james-and-the-new-york-ethics-code-c4f21354?st=ycmJ5Q
3/5
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10:46 AM
Cornell,
Letitia
James and the NewYork Ethics
Code - WSJ
Appeared
in the October
5, 2026, print
edition
as 'Cornell,
Letitia
James and the NewYork Ethics
Code'.
Further
Reading
The'Cornell
7' Lawsuit
Has Reignited
America's
Debate Over Sexual Consent
OPINION Mamdani Is Muggedby the
Plaintiff
Bar
OPINION
Letitia
James and the Cornell
7
Mayor Mamdani Must RedoNewYork City
Pied-à-Terre
Tax, Judge Says
NewYork Prosecutor
Reopens Investigation
Into
Cornell
RapeAllegations
Videos
https://www.wsj.com/opinion/cornell-letitia-james-and-the-new-york-ethics-code-c4f21354?st=ycmJ5Q
4/5
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Cornell,
Letitia
James and the NewYork Ethics
Code - WSJ
https://www.wsj.com/opinion/cornell-letitia-james-and-the-new-york-ethics-code-c4f21354?st=ycmJ5Q
5/5
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2026
She also assailed the Cornell University Police Department for not fully conveying the
woman’s story to prosecutors.
“After this young woman came forward, she spoke to the police. She sat for hours and
told them exactly what happened to her. And according to new reports, she could not
have been clearer that she was 100 percent confident that she had been raped,” the
Democratic governor said. ”Yet, shockingly, those words never made it into the account
that the Cornell police sent to prosecutors.”
Hochul said Thursday that she appointed James to oversee the case because she had lost
faith in the local district attorney’s ability to handle it.
Tompkins County District Attorney Matthew Van Houten, who was removed from the
case, said Friday that he supports James’s appointment.
“T trust that she will examine the facts and apply the law,” Van Houten said in a
statement. ”It has become clear that we were not provided the full picture by the
university. The focus has been and should continue to be on the victims.”
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James didn’t say how long her investigation might take, but suggested it would take
months.
“We will review the facts, gather evidence, interview witnesses and, if warranted, pursue
prosecutions,” James said. “I know that you want answers. I do too. A comprehensive
investigation of this nature takes time, but my office is committed to seeing it through.”
The investigation initially was closed without charges in 2024. Van Houten reopened the
investigation on Monday after the woman filed a new lawsuit against seven former
members of the Chi Phi fraternity, as well as Cornell and others.
Van Houten has defended his decision not to prosecute, maintaining that a sworn
statement by the woman prepared by police didn’t include the woman’s allegations that
she was drugged against her will, incapacitated beyond the ability to consent, and forced
into sex.
The case has roiled the Ivy League school and raised questions about its response and the
larger issue of how sexual assaults are handled on college campuses.
The woman, identified only as Jane Doe in court documents, told campus police in
November 2024 that she was sexually assaulted, then discussed it with the university’s
internal investigators as part of Cornell’s disciplinary process.
Her lawsuit alleges that she was plied with drugs and alcohol, then subjected to sexual
acts by a group of men while she was partially or entirely incapacitated. One of the men
sent a social media message to other fraternity members alerting them to what was
happening and inviting people to take part, according to the lawsuit.
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Lawyers for two of the men she is suing have denied they participated in a sexual assault.
One said his client didn’t touch the woman. Attempts to reach the other men or their
representatives for comment have been unsuccessful.
Hochul also threw her support behind proposals to change an element of New York law
that has long made it more difficult to prosecute people who have engaged in sex with
someone who voluntarily became intoxicated to the point where their ability to consent
was compromised.
Under the law, rape charges generally need to involve force or a clear refusal of sex,
unless the victim is physically helpless due to being unconscious, or mentally
incapacitated due to being drugged without their consent. New York is one of 19 states
with such laws.
“If someone is too intoxicated to consent, it should not matter whether they chose to use
drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape,
period,” the governor said.
New York governors have turned to attorneys general and special prosecutors to oversee
important cases in the past.
In 2018, then-Governor Andrew Cuomo appointed a Long Island district attorney to
investigate Attorney General Eric Schneiderman, who resigned after women accused him
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of abuse. In 2021, James appointed two outside lawyers to conduct a non-criminal
investigation into sexual harassment allegations against then-Governor Andrew Cuomo,
leading to his resignation.
James’s office also handles other criminal work and has the power to investigate every
death in the state involving law enforcement. But, typically, she can’t initiate a criminal
investigation without a referral from a local district attorney, the governor, or a state
agency.
James, a Democrat who took office in 2019, is perhaps best known for suing President
Trump over allegations that he defrauded banks by overstating the value of his real estate
holdings on financial statements. An appeals court overturned Trump’s fine, which
ballooned to more than $500 million, but upheld a judge’s fraud finding.
Trump’s Justice Department, in turn, brought mortgage fraud charges against James last
year as part of the president’s retribution campaign against political enemies, but a judge
dismissed the case and a grand jury rejected another attempt to indict her. James denies
wrongdoing.
Show comments
--- Page 12 ---
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©2026 Boston Globe Media Partners, LLC
--- Page 13 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 P INDEX NO. 911974-26
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2026
| | More from Globe OpinionSubmit a Letter to the EditorMeet the Editorial Board
OPINION
The Cornell rape case deserves a
prosecutor with an open mind
Attorney General Letitia James’s public comments about Doe raise
questions about whether she can impartially assess the evidence.
By Joan Vennochi Globe Columnist, Updated October 5, 2026, 1:43 p.m.
--- Page 14 ---
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 15 ---
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But in a court of law, evidence to support criminal charges will require more than crude
Snapchat messages. As a Wall Street Journal editorial noted, “The students clearly
engaged in awful behavior ... [b]ut the issue for a prosecutor is whether this rises to the
level of a criminal offense.” That’s what James is supposed to be investigating.
Scott Harshbarger, a former Massachusetts attorney general, said that Hochul’s framing
of the mission created a problem for James. By using the words “independent special
prosecutor,” he said, Hochul verbally combined what should be seen as two separate
roles.
An independent investigation calls for someone with no prior view of the situation to
review it and report back objectively on what they find — a job Harshbarger undertook in
private practice in 2017 when he oversaw an independent investigation of sexual
misconduct at St. Paul’s School, an elite prep school in New Hampshire. The results of
that investigation were turned over to the school.
When you bring in a special prosecutor, Harshbarger said in an interview, “You don’t
need to claim it’s independent. ... The governor is essentially saying to the AG, ‘’m
asking you to go in there and see, if you were the DA, what you would have done.” That
kind of inquiry requires a specific legal determination of whether there is probable cause
and other evidence needed for criminal charges.
In this case, however, “[t]he governor confused this,” Harshbarger said. “It should have
been done more cleanly. Since it wasn’t, how can people feel confident that the AG is
coming in here unbiased?”
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Hochul’s appointment of James also dragged President Trump into the fray, with
Trump calling the AG who brought a fraud case against him a “corrupt person,” and
saying that anyone scrutinized by her probably would not get a “fair shake.”
Division along MAGA political lines is the last thing the Cornell case needs. As Thomas
Giuffra, Doe’s lawyer, said in an interview with CNN’s Jake Tapper, “There are
Republicans whose daughters are getting assaulted. There are Democrats whose
daughters are getting assaulted. This has nothing to do with politics.”
When he was asked if he is worried about James’s credibility, Giuffra said, “There will be
impartiality. I think there will be fairness. I’m troubled by this attempt to politicize
something that is not political.”
Meanwhile, Andrew T. Miltenberg, a lawyer for one of the men who was involved in the
alleged sexual assault, has called for James to step down from the role Hochul
appointed her to, saying that James’s Facebook post raises an “avoidable question about
the appearance of impartiality.”
“The simplest way to remove that question is for her personally to recuse herself and
allow an uncommitted prosecutor within her office to lead the investigation,” said
Miltenberg in a statement to Fox News.
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He’s right. At the very least, that should happen — if Hochul and James really care about
justice for Doe.
Joan Vennochi is a Globe columnist. She can be reached at [email protected]. Follow her @joan_vennochi.
Show 160 comments
©2026 Boston Globe Media Partners, LLC
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10/7/26,
10:52 AM
In Comell University
investigation,
attorney
calls
for
Letitia
James to step down as special
prosecutor
- CBSNewYork
SCBSNEWS
Q
NewYork
I
News v
Weather v
Voters
Decide
Sports v
Video
NewYork Show
62°
RajSuter
Defense attorney
says Letitia
James should step down as Cornell
G
investigation
special
prosecutor
(01:10)
CTAmm,
Local News
In Cornell
University
investigation,
attorney
calls
for
Letitia
James to step down as special
prosecutor
By Jesse Zanger
Updated
on: October
5, 2026 / 8:43 PMEDT/ CBSNewYork
Add CBSNewson Google
)
An attorney
for one of the seven menaccused in the alleged
sexual
assault
of a
former
Cornell
University
student
at a fraternity
house in 2024 is calling
for Attorney
General
Letitia
Jamesto step down as special
prosecutor.
Andrew Miltenberg,
the
attorney
for
Gillio
Lopes,
said he thinks
James should
recuse
herself
since
she previously
posted about the case on social
media.
Gov. Kathy Hochul tapped James as special
prosecutor
in the case last week.
"Our concern
is not political
or personal.
It
is about confidence
in the integrity
and
independence
of this
investigation,"
Miltenberg
said.
"Before
she was appointed
special
prosecutor,
Attorney
General James publicly
described
what Jane Doewas
'forced
to endure'
as 'horrific
and unacceptable,'
said she was holding
her
'in myheart
and in my
prayers,'
and told
her and 'all
survivors,'
'We stand with
you.'"
https://www.cbsnews.com/newyork/news/letitia-james-special-prosecutor-cornell-university/
1/9
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--- Page 20 ---
10/7/26,
10:52 AM
In Comell University
investigation,
attorney
calls
for
Letitia
James to step down as special
prosecutor
- CBSNewYork
g/<c,edga9fg,gaid
there's
nothing
wrong with
being compassionate
toward someone
who is making an allegation
of sexual
assault.
"The concern
is that Attorney
General
James' words could be reasonably
understood
as expressing
a view about what occurred
before
she became responsible
for
independently
evaluating
the evidence
and determining
whether
criminal
charges
are supported,"
Miltenberg
said.
Both Hochul and Jameswere asked about James'
social
media posts
at a news
conference
to announce her appointment
as special
prosecutor.
See More
00:00
02:00
Hochul said James "will
follow
the
facts.
She'll
examine the evidence
and go wherever
it leads,
and if the evidence
supports
charges,
she will
pursue them,"
adding
that
she
had fuH confidence
in her.
James said Friday
she wouldn't
be commenting
about her social
media post.
Miltenberg
said that
given
James'
social
media post and the publicity
around the
case,
"I believe
the better
institutional
course
is for Attorney
General Jamesto voluntarily
recuse
herself
from this
particular
investigation
and allow
it to be led by a prosecutor
who has madeno prior
public
statements
concerning
the merits
of these
allegations."
https://www.cbsnews.com/newyork/news/letitia-james-special-prosecutor-cornell-universityl
2/9
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--- Page 21 ---
10/7/26,
10:52 AM
In Comell University
investigation,
attorney
calls
for
Letitia
James to step down as special
prosecutor
- CBSNewYork
q[¿t/
gcpn accusation
that Attorney
General James is corrupt,
acting
in bad faith
or incapable
of performing
her duties
professionally.
Nor amI suggesting
that
a court
has determined
that
she is legally
disqualified.
The point
is much narrower:
an
avoidable
question nowhangs over this
investigation,
and voluntary
recusal
would
remove
it,"
Miltenberg
said.
"Jane Doe is entitled
to have her allegations
investigated
seriously,
thoroughly
and
respectfully.
Mr. Lopes is equally
entitled
to have the evidence
concerning
him
evaluated
individually,
fairly
and with
an open mind,"
he said.
"Publicity
is not
evidence.
Repetition
is not proof.
This
investigation
should be about the
facts
and the
law - not politics,
social
media or public
pressure."
CBSNews NewYork has reached
out to James'
office
for comment about Miltenberg's
statement
and has not yet heard back.
Miltenberg
has previously
said his
client
"unequivocally
denies
the allegations
against
him."
Cornell
University
Investigation
More
>
®CBSNEWYORK
$5e
Cornell
taps
Sally Yates to lead review
of its
response
to sexual misconduct
claims
®CBSNEWYORK
Cornell
president
says school
"must do better"
amid criticism
of its
investigation
https://www.cbsnews.com/newyork/news/letitia-james-special-prosecutor-cornell-university/
3/9
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 22 ---
10/7/26,
10:52 AM
In Comell University
investigation,
attorney
calls
for
Letitia
James to step down as special
prosecutor
- CBSNewYork
Jane Doe in Cornell
case said she realized
she'd been raped
after
rumors spread,
transcript
says
I f
}
®CBSNEWYORK
Gov. Hochul says N.Y. AGJames will
investigate
Cornell
gang rape allegation
In:
Rap_e
Cornell
University
Letitia
James
Sexual
Assault
©2026 CBSBroadcasting
Inc.
AII
Rights
Reserved.
Cornell
administration
building
vandalized
amid uproar
over
university's
handling
of alleged
gang rape
Suspects
accused of stabbing
off-duty
NYPDdetective
arrested
in Massachusetts
2 suspects
identified
in stabbing
of off-duty
NYPDdetective
Driver
accused of causing
4-car
crash
in Linden,
N.J., was being
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mayor says
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4/9
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 23 ---
10/7/26,
10:52 AM
In Cornell
University
investigation,
attorney
calls
for
Letitia
James to step down as special
prosecutor
- CBSNewYork
Helphim!
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 24 ---
10/7/26,
10:52 AM
In Cornell
University
investigation,
attorney
calls
for
Letitia
James to step down as special
prosecutor
- CBSNewYork
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 25 ---
10/7/26,
10:52 AM
In Comell University
investigation,
attorney
calls
for
Letitia
James to step down as special
prosecutor
- CBSNewYork
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 26 ---
10/7/26,
10:52 AM
In Comell University
investigation,
attorney
calls
for
Letitia
James to step down as special
prosecutor
- CBSNewYork
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 27 ---
10/7/26,
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 28 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 P INDEX NO. 911974~26
pry SES: BbY AN _ 121 Cornell Case Carries Far-Reaching Implications for Hochul and James p the New-York Wmaess p : 10/07/2026
C Case Carries Far-R ing Implicati
ornell Case Carries Far-Reaching Implications
for Hochul and James
The decision to intercede by Gov. Kathy Hochul and the New York attorney
general, Letitia James, has raised questions of impartiality as both face re-
election.
> Listen - 7:25 min
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The Cornell case cast a shadow on a campaign appearance on Saturday in the Bronx by Gov. Kathy Hochul,
left, and Letitia James, the New York attorney general. Hilary Swift for The New York Times
https:/Awww.nytimes.com/2026/10/04/nyregion/hochul-james-cornell.html?smid=nytcore-ios-share 1/7
--- Page 29 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM INDEX NO. 911974~26
pry Seo: BbY AN _ 121 Cornell Case Carries Far-Reaching Implications for Hochul and James the New. York Taess op : 10/07/2026
Q By Benjamin Oreskes
Published Oct. 4,2026 Updated Oct. 5, 2026
See more of our coverage in your search results.
Add The New York Times on Google 7”
Just two months after Gov. Kathy Hochul assumed office, a well-known colleague
— Letitia James, the New York attorney general — declared that she would
challenge the governor in the Democratic primary.
Ms. James eventually reconsidered, and Ms. Hochul went on in 2022 to capture her
first full term as governor of New York.
Roughly five years later, the two women find themselves locked arm in arm, both
running for re-election as the closest of allies on a range of issues.
The latest evidence of this partnership came on Thursday, when Ms. Hochul named
Ms. James special prosecutor to investigate a woman’s allegation that she had
been raped inside a fraternity house at Cornell University in October 2024.
The governor’s decision to intercede in the matter by enlisting Ms. James asa
special prosecutor may carry implications for the investigation and beyond.
For Ms. Hochul, appearing as a take-charge governor may help her counter
accusations from her Republican rival, Bruce Blakeman, that she has been weak
on crime. It also allows her to tell voters that she stands up for the state’s most
vulnerable, whether they are immigrants or victims of sexual assault.
Ms. Hochul said on Saturday that it was important for New Yorkers to see two
female leaders — Ms. Hochul and Ms. James are the first women to be governor
and attorney general in New York — who “are fighters who won’t put up with any
crap.”
https://www.nytimes.com/2026/10/04/nyregion/hochul-james-cornell.html?smid=nytcore-ios-share 2/7
--- Page 30 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 P INDEX NO. 91197426
pry Seo. BbY AN _ 11 Cornell Case Carries Far-Reaching Implications for Hochul and James» the New-York Waes. p : 10/07/2026
“So I’ve heard from a lot of people,’ Ms. Hochul added. “The image gives them
comfort to know that two women perhaps are looking at this differently than men
would in the same position.”
There are fewer immediate political implications for Ms. James, who is all but
assured re-election next month. But Ms. James, who has frequently challenged the
Trump administration’s policies, has also been the target of a multiyear pursuit by
the Justice Department to prosecute her on a range of charges.
Her involvement has added a layer of complexity to the investigation, as her
stance as a legal bulwark to President Trump has already led to questions of
impartiality.
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Letitia James, the first female attorney general of New York, has been locked for years
in a multipronged legal war with President Trump. Hilary Swift for The New York Times
After the office of the Tompkins County district attorney, Matthew Van Houten,
said early last week that he would revisit the 2024 sexual assault accusations, Ms.
James wrote on social media: “What this young woman has been forced to endure
https:/Awww.nytimes.com/2026/10/04/nyregion/hochul-james-cornell.html?smid=nytcore-ios-share 3/7
--- Page 31 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM INDEX NO. 911974-26
pry Seo: BbY AN _ 121 Cornell Case Carries Far-Reaching Implications for Hochul and James the New. York Taess op : 10/07/2026
is horrific and unacceptable.”
Asked by a reporter on Friday whether it was appropriate to affirm the victims’
allegations before she had looked into them, Ms. James said: “I will not comment
on a Facebook post.”
Ms. James’s opponents were quick to attack her and to impugn her work last week,
with Mr. Trump saying on Friday that the attorney general was a “corrupt person.”
“T feel badly for whoever she’s looking at because they won’t get a fair shake,” the
president said in Washington.
Ms. James has been locked for years in a multipronged legal war with Mr. Trump,
which has included suing both his administration and his businesses on multiple
occasions. When Mr. Trump’s lawyers appealed a half-billion-dollar judgment in a
civil fraud case, they pointed to Ms. James’s past comments maligning the
president as reason she should not have brought that case.
The penalty was thrown out last year by a divided state appellate court. In their
ruling, several of the justices denounced Ms. James for having called Mr. Trump’s
presidency “illegitimate” and promising to investigate him while she was
campaigning in 2018. Some of the justices said there was no merit to Mr. Trump’s
assertion of political persecution, even as they criticized Ms. James.
“Her habit of basically making statements about matters and individuals she is
investigating does call into question her discretion as a prosecutor to not prejudge
things and to actually handle these matters fairly,” said John Faso, a former
Republican congressman and lawyer who has endorsed Ms. James’s opponent in
this fall’s election.
“T mean, let’s face it,’ Mr. Faso said. “Tish James is a politician, not a prosecutor.”
Ms. James insisted that she would be impartial and that she would allow the facts
to dictate her decisions.
https://www.nytimes.com/2026/10/04/nyregion/hochul-james-cornell.html?smid=nytcore-ios-share 4/7
--- Page 32 ---
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 33 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM INDEX NO. 911974-26
pry Seo: BbY AN _ 121 Cornell Case Carries Far-Reaching Implications for Hochul and James the New. York Taess op : 10/07/2026
Governor Kathy Hochul after a meet-and-greet event in the Bronx on Saturday. Hilary
Swift for The New York Times
Last month, the Cornell student, identified in court documents as Jane Doe, sued
the university, her sorority, the fraternity and the seven men she claimed had been
involved in the assault. None of the accused have been charged with a crime, and
all have denied wrongdoing. Four said they had consensual contact with the
woman at a party, and the others denied that they had been involved in the assault.
Ms. Hochul insisted on Friday, and again on Saturday, that Ms. James would follow
the facts, and that she could be trusted to handle the case with integrity.
“She knows how to do her job,” Ms. Hochul said in an interview on Saturday.
The symbolism of having two women leading the state in this tense moment was
woven through the remarks of Ms. Hochul, Ms. James and others.
“With the current events, the person that we needed the most right now has been
appointed to oversee a very serious case,” Nathalia Fernandez, a Democratic state
senator whose district includes the southeast Bronx, said on Saturday at the
campaign event.
https://www.nytimes.com/2026/10/04/nyregion/hochul-james-cornell.html?smid=nytcore-ios-share 6/7
--- Page 34 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 P INDEX NO. 911974-26
pry Seo: BbY AN _ 121 Cornell Case Carries Far-Reaching Implications for Hochul and James the New. York Taess op : 10/07/2026
“We all know what’s happening at Cornell University,” she added.
Corrected on Oct. 5, 2026: An earlier version of this article misstated when the Tompkins County district
attorney said he would revisit the 2024 sexual assault accusations. It also misstated when the opponents of
the New York attorney general, Letitia James, were quick to attack her and impugn her work. In both cases, it
was last week, not this week.
We acknowledge mistakes in our reporting with corrections. If you spot an error, please let us Know at
[email protected]. Learn more.
Benjamin Oreskes is a reporter covering New York State politics and government for The Times.
A version of this article appears in print on , Section A, Page 17 of the New York edition with the headline: For Hochul and James, An
Inquiry That Carries Far-Reaching Implications
https://www.nytimes.com/2026/10/04/nyregion/hochul-james-cornell.html?smid=nytcore-ios-share 7/7
--- Page 35 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 P INDEX NO. 911974-26
pry Seo: Bb ANG _ 121 Hochul Denounces D.A. and Cornell Police in Handling of Sex Assault Cage the bey Yor dimes : 10/07/2026
Hochul Denounces D.A. and Cornell Police in
Handling of Sex Assault Case
Gov. Kathy Hochul appointed Letitia James, the attorney general, to investigate
the original allegations and why a police report omitted crucial information.
> = Listen - 8:24 min
By Hurubie Meko
Oct. 2, 2026
In direct and sometimes angry remarks, Gov. Kathy Hochul of New York on Friday
questioned how Cornell University’s police department and the local district
attorney handled sexual assault allegations made by a former student, who said
she had been raped at a fraternity house in 2024.
Ms. Hochul said she had been troubled to learn that the student, identified as Jane
Doe, had given an interview to the campus police about the episode that included
an unequivocal statement that she had been raped. That language was missing in
the condensed statement that was sent to the district attorney’s office in Tompkins
County, N.Y., which decided not to file criminal charges.
“In what world would the police learn from the victim that she had literally been
gang-raped” and not send that allegation to the district attorney, Ms. Hochul said at
a news conference in Manhattan.
She stood alongside the state attorney general, Letitia James, whom the governor
had just appointed to oversee a new investigation into the allegations.
https:/Awww.nytimes.com/2026/10/02/nyregion/cornell-rape-jane-doe-hochul.html?smid=nytcore-ios-share 1/5
--- Page 36 ---
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
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FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
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RECEIVED NYSCEF: 10/07/2026
--- Page 39 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 P INDEX NO. 911974-26
pry See #S: BbY ANG _ 121 Hochul Denounces D.A. and Cornell Police in Handling of Sex Assault Cage the bey Yor dimes : 10/07/2026
with the aftermath of a traumatic event, defense lawyers use those changes to try
to raise reasonable doubt in the minds of jurors.
Jane Doe’s case includes some additional complicating factors, including the fact
that the incident unfolded nearly two years ago, and that she had knowingly taken
drugs that night. State law makes it difficult to charge people with rape if the
accuser chose to become intoxicated.
Ms. Hochul on Friday called on lawmakers to change this part of the law as soon as
possible. The Legislature is currently not in session, but there will certainly be
pressure on lawmakers to act when they return to work in January.
Benjamin Oreskes and Claire Fahy contributed reporting.
Hurubie Meko is a Times reporter covering criminal justice in New York, with a focus on the Manhattan
district attorney's office and state courts.
Aversion of this article appears in print on , Section A, Page 1 of the New York edition with the headline: Hochul Delivers Scathing
Rebuke On Cornell Case
https:/Awww.nytimes.com/2026/10/02/nyregion/cornell-rape-jane-doe-hochul.html?smid=nytcore-ios-share 5/5
--- Page 40 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 P INDEX NO.
NY DEle6, Aes ANG | 11 Letter to the editor: No one worse for the Cornell job than Letitia James 15 NYSCEF:
Letter to the editor: No one worse for the
Cornell job than Letitia James
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TO THE EDITOR
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COMMENTARY
OPINION:
https://www.washingtontimes.com/news/2026/oct/7/letter-editor-no-one-worse-cornell-job-letitia-james/
911974-26
10/07/2026
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pry SeeeS: bbe ANG _ 121 Letter to the editor: No one worse for the Cornell job than Letitia. James NYSCEF: 10/07/2026
The Cornell University community has risen in wrath against the men said to
be involved in an alleged 2024 fraternity house rape — and the school officials
said to have not done their jobs in the matter (“What to know about the
Cornell fraternity rape allegations,” Web, Oct. 6).
The photo accompanying the article shows a large group gathered on the
school’s campus during an Oct. 5 protest. The speakers at the gathering,
including Cornell students and professors, accepted the accuser’s account
and blamed university trustees and President Michael Kolikoff for failing to
support the woman. They also called the accuser a “survivor,” with all the
implications that conveys.
New York Governor Kathy Hochul accused Cornell and local authorities of
inadequately pursuing the matter and appointed New York Attorney General
Letitia James as special prosecutor.
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Ms. Hochul could not have found a worse prosecutor in this case. Ms. James
is on record in support of the “survivor’s” account, and her pursuit of
President Trump shows what she will do when she has a target in sight.
During her run for attorney general, she even announced she was out to get
Mr. Trump.
She then prosecuted Mr. Trump for alleged fraud in a matter in which there
were no damages. She obtained a judgment for hundreds of millions of
dollars from a compliant judge and demanded an appeal bond for the
amount of the judgment plus interest.
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pry See #S: Bbe ANto 11 Letter to the editor: No one worse for the Cornell job than Letitia James 1 NYSCEF: 10/07/2026
Ms. James sought to bankrupt our current commander in chief by opposing
a reasonable appeal bond, seeking to grab all his assets as soon as judgment
was entered, refusing to support a stay pending appeal and stripping Mr.
Trump of his right to do business in New York.
It took an appellant court to rein her in — and even then, Mr. Trump had to
post an appeal bond of $175 million in a victimless matter.
MY TIMES VIEW ALL ©
evitoriaAL Letitia James not qualified to lead independent investigation on
Cornell 7
Justice Alito: Lower courts haven’t ‘gotten the message’ on affirmative action,
guns
commentary Democrats responsible for the Cornell 7 mess
A good prosecutor examines the facts before deciding to pursue a matter, but
here Ms. James appears to be determined to pursue the matter before
examining the facts. The attorneys for the accused in the Cornell case will no
doubt try to boot her as special prosecutor. They have a good case for doing
So.
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pry See#S: bbe ANG _ 121 Letter to the editor: No one worse for the Cornell job than Letitia James 5 NYSCEF: 10/07/2026
JIM DUEHOLM
Washington
Copyright © 2026 The Washington Times, LLC. Click here for reprint
permission.
STORY TOPICS
CORNELL UNIVERSITY MICHAEL KOLIKOFF KATHY HOCHUL LETITIA JAMES
Please read our comment policy before commenting.
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MY TIMES
VIEW ALL —
What to know about the investigation into
Cornell University gang rape allegations
Violent crime plummets in America,
but voters fail to give Trump the credit
N.Y. governor says Cornell rape accuser was
‘failed’ by people obligated to protect her
Secretary of State Rubio: Iran has lost control
of Strait of Hormuz despite increasing attacks
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LATEST VIDEO
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INDEX NO. 911974-26
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a By Elie Honig, a former federal and state prosecutor and a contributor to CAFE
(PP
OCT. 6, 2026
https://nymag.com/intelligencer/article/leticia-james-cornell-rape-case.html
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While an alleged sexual assault at Cornell University has ignited intense public debate, this
much is beyond meaningful dispute: Tompkins County district attorney Matthew Van Houten
had to go. And although New York governor Kathy Hochul was right to seek a replacement
prosecutor, she has made a grievous mistake with the appointment of Attorney General Letitia
James.
Van Houten thoroughly botched the initial investigation of an allegation by a Cornell student,
Jane Doe, that she was raped by seven men in a fraternity house in October 2024. As Van
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NY 0 £5; 40548 ANI, _ 11 Why Letitia James Is the Wrong Choice for Cornell Case er TVED NYSCEF: 10/07/2026
Houten has acknowledged, he based his initial non-prosecution decision on one document: a
six-page summary of a statement Jane Doe gave to the Cornell University Police Department in
November 2024.
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That’s it — that’s everything Van Houten considered. He did not obtain the transcript of Jane
Doe’s statement, which differs in notable respects from the summary. The DA never sought to
interview Jane Doe. He did not speak with any of the accused men or other witnesses. He made
no effort to obtain texts, Snapchat messages, emails, or surveillance videos. Van Houten simply
read the six-page summary document and decreed that the case was closed.
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Two years later, after Jane Doe filed a civil suit and the allegations exploded into the national
consciousness, Van Houten announced last week that he would reopen the Cornell case. But he
also stood by his original assessment that Jane Doe's allegations did not raise a chargeable crime.
If Van Houten had remained on the Cornell case, nobody would have been satisfied in the end.
Had he decided yet again not to prosecute, critics would charge that he predetermined the
outcome and never gave the case an unbiased, critical look. And if Van Houten had chosen to
https://nymag.com/intelligencer/article/leticia-james-cornell-rape-case.html 3/16
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TNDEX NO. 911974-26
NY 0 49, Aad ANG | 11 ornell case: Defendant's lawyer calls Letitia James involvement “BER BIDAR EO’ SCEF: 10/07/2026
LIVE TV | NewsNation Live with Marni Hughes 1/2
Cornell case: Defendant’s lawyer calls Letitia James
involvement ‘an avoidable error’
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--- Page 67 ---
10/7/26,
10:51 AM
Cornell
case: Defendanes lawyer
calls
Letitia
James involvement
'an avoidable
error'
ME Ry8SISTAB
ainted
James as special
prosecutor
to investigate
the case amid mounting
scrutiny
since
it was reopened
last
month. James "will
follow
the facts"
Hochul
said.
"She'll
examine the evidence
and go wherever
it
leads,
and
if the evidence
supports
charges,
she will
pursue
them."
Hochuts
decision
has drawn
criticism
after
James posted
on Facebook in support
of the woman
at the center
of the
investigation.
Students
turn
on CorneLL's
president
over the school's
handling
of gang
rape allegations
I
Andrew Miltenberg,
litigating
for
Gillio
Lopes, told
"Katie
Pavlich
Tonight"
that
James's
presence
in the case
is,
in
his words,
"an avoidable
error."
"There's
nothing
wrong with
expressing
compassion toward someone who reports
violent
crime
or sexual
assault,
or any assault
for that
matter,"
he said.
"The problem
is that
the language used
by James can reasonably
be understood
as accepting
the central
factual
premise
of a highly
disputed
allegation."
Miltenberg
added that
the allegations
against
Lopes and six
other
Chi Phi fraternity
members
had already
come to
light
before James joined
the
investigation.
ADVERTISEMENT
https://www.newsnationnow.com/crime/cornell-case-gillio-lopes-andrew-miltenberg/
2/18
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 68 ---
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 P INDEX NO. 911974-26
NY 0 49, Wet ANG | 11 ornell case: Defendant's lawyer calls Letitia James involvement BEAV BITRE CO’ SCEF: 10/07/2026
The university announced Tuesday it has hired former U.S. Deputy Attorney General Sally Q.
Yates to lead an independent review of how the university prevents and responds to sexual
harassment, sexual assault and related misconduct on campus.
: :
hs me ; ‘ a
c «# wit os f x,
. 4 ae cs ‘ ’ a Gel ; ay .
; = RS ‘tlhe nee
fears os te Gene ee Ye
- ¥ ; ay Kt . be ‘ Let Ame Ay
as ., ' 7. va, wor a+
ye as 2 ® . - ‘ “> w \ 1 . ® bl f a
eo ~¥@- a
> si, ww ! Bes?
: oo f
at Aes ery BU
a > : . a \
The review will include a detailed examination of Cornell’s response to allegations made by the
plaintiff in the case.
Miltenberg said he and the other attorney representing the defendants welcomed the move.
ADVERTISEMENT
https:/Awww.newsnationnow.com/crime/cornell-case-gillio-lopes-andrew-miltenberg/ 3/18
--- Page 69 ---
10/7/26,
10:51 AM
Cornell
case: Defendant's
lawyer
calls
Letitia
James involvement
'an avoidable
error'
"I want to say this,
our firm,
I, as a lawyer,
have had several
dozen Title
IX matters
at Cornell
over
the years,
representing
students
and faculty,"
he acknowledged.
"It's
my experience
that
Cornell's
investigations
have been thorough."
"That
does not mean that
I've always thought
the process was fair.
And at least
on two
occasions,
we've had serious
due process
concerns
and we ended up in federal
court
with
Cornell.
In this
particular
case, we disagree
with
their
determination.
Nonetheless,
wewelcome
the outside
scrutiny.
It's
very
healthy."
Lumping
the seven
frat
members together
is
troubling:
Attorney
Miltenberg
argued
that
Lopes and the other
accused
fraternity
members were being
unfairly
lumped together,
even though
each case involved
different
evidence,
factual
circumstances
and
outcomes.
"To put them under one single
label,
the Cornell
seven, and lump them together
like
that
is very
troubling
to
us,"
he expressed.
TMZ's Harvey Levin
questions
Cornell
handling
of fraternity
allegations
According
to Miltenberg,
Lopes said
his sexual
contact
with
the womanwas consensual.
Miltenberg
said
Lopes told
him he never saw the womanconsume alcohol
or drugs
and did
not
hear her tell
him to stop.
The university
later
suspended Lopes after
determining
he had violated
its
sexual
misconduct
policy.
https://www.newsnationnow.com/crime/cornell-case-gillio-lopes-andrew-miltenberg/
4/18
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 70 ---
10/7/26,
10:51 AM
Cornell
case: Defendant's
lawyer
calls
Letitia
James involvement
'an avoidable
error'
"The school found that
he did
not know that
Jane Doe was incapacitated
at the time,"
Miltenberg
said.
"They found him responsible
because Cornell
concluded that
a reasonable
person
in
his
circumstances
should
have known that she was incapacitated."
Regarding
a phone call
between
the woman and one of the accused
fraternity
members after
the
alleged
incident,
Miltenberg
argued that
the recording
did
not provide
evidence
that
a sexual
assault
had occurred.
ADVERTISEMENT
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5/18
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 71 ---
10/7/26,
10:51 AM
Cornell
case: Defendant's
lawyer
calls
Letitia
James involvement
'an avoidable
error'
The alleged
Snapchat messages
in which some accused fraternity
members referred
to "free
sex" have become a major focus
since the
investigation
was reopened.
However,
Miltenberg
said
Lopes was not involved
in those
messages and played
no role
in them.
'Cornell
7'
case:
Embattled
DAquestions
reports
of additional
witnesses n
"Gillio
was not part
of preparing
or sending
that
text,"
he stated.
"If the timeline
that
I recall
is
correct,
he had left
the room prior
to that
text
being
sent
out. "The first
time we, meaning
Gillio,
I
and my partner,
saw that
text was when wewere confronted
with
it at the
investigation."
Miltenberg
acknowledged
that
Lopes had no involvement
in the alleged
post-incident
meetings.
ADVERTISEMENT
"I do not know whether
meetings took
place and
I do not know what was said
in those
meetings,"
he said.
"And
Gillio
did
not take part
in those
meetings
if they
did
occur."
NewsNation's
Brook Shafer,
Taylor
Delandro,
Elizabeth
Vargas and Rich McHughcontributed
to
this
report
ADDASPREFERREDSOURCEONGOOGLE
https://www.newsnationnow.com/crime/cornell-case-gillio-lopes-andrew-miltenberg/
6/18
FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM
INDEX NO. 911974-26
NYSCEF DOC. NO. 11
RECEIVED NYSCEF: 10/07/2026
--- Page 72 ---
10/7/26,
10:51 AM
Cornell
case: Defendanes lawyer
calls
Letitia
James involvement
'an avoidable
error'
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INDEX NO. 911974-26
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