Andrew Miltenberg

Records obtained by the New York Times present a murky picture of what took place.

The woman indicated in one text message to one of the men that nothing illegal had happened, but she also told police investigators that, The widespread condemnation of accused men could create an unfair dynamic, according to Andrew T. Miltenberg, a lawyer for one of the Cornell men, Gilio Lopez.

He said the danger in a case like this is that an accusation, amplified often enough, can harden into a verdict before the evidence is ever tested.

Mr. Miltenberg, known for representing students against sexual misconduct claims, said the attention was compounded by statements of public officials that seemed to side with Ms. Doe.

Um, so, oh my God, Monday...

Oh yeah, so the attorneys are freaking fighting with each other.

Of course they are.

Okay, so this well-known legal team which has handled a num- oh my gosh, guys.

Um, on October 29th, a hearing was set in Hope's, in Lopes' case for James' office to argue that her appointment should have not been voided.

Um, that one is weird.

They're, the, they're just arguing because they're trying to throw, they're trying to do anything to stunt Jane's case right now, including, like, her, or the attorneys and the lawyers are not, they're not being fair.

Uh, a lot of, a lot of that was mentioned in these.

He was the subject of an investigation by Cornell University and was suspended for three semesters.

He is now, though, back in class, and his lawyer, Andrew Miltenberg, has been speaking to my colleague James Menendez.

The spectacle that this has become will be at the forefront of all of their lives for a long time.

We know one young man has lost a job.

But just, but just setting that to one side then, I mean, d-do, do you think it, it, it may end up becoming a criminal prosecution? I just wonder whether your client sees that as a, a chance to clear his name, again, if, as he says, he's done nothing wrong.

We're looking forward to any investigation that ha- is transparent and has a full and complete understanding and review of all of the facts and circumstances of each of the young men, and an investigation that is not tainted by very polarizing, very emotionally charged public opinion within the United States.

And that was Andrew Miltenberg, uh, the lawyer for Gilio Lopes, uh, one of the men, uh, who is named in that lawsuit by, uh, Jane Doe at Cornell, from Cornell University.

[outro music] That's it from this edition of News Hour.

He was the subject of an investigation by Cornell University and was suspended for three semesters but is now back in class.

When I spoke to his lawyer, Andrew Miltenberg, I asked him first about those allegations of a campaign of intimidation against Jane Doe.

Doe.I'm not personally aware of that.

I understand that he said that was happening.

But just, but just setting that to one side then, I mean, d-do, do you think it, it, it may end up becoming a criminal prosecution? I just wonder whether your client sees that as a, a chance to clear his name, again, if, as he says, he's done nothing wrong.

We're looking forward to any investigation that ha... is transparent and has a full and complete understanding and review of all of the facts and circumstances of each of the young men, and an investigation that is not tainted by very polarizing, very emotionally charged public opinion within the United States.

And that was, uh, lawyer Andrew Miltenberg, who is acting for, uh, Giglio Lopes, uh, one of the seven men, uh, named in Jane Doe's lawsuit.

You're listening to News Hour from the BBC World Service.

Two of the young men in the complaints have been expelled, two others suspended, but others reportedly were tasked with writing essays.

Andrew Miltenberg, attorney for one of the accused, has emailed out a statement saying, quote, "Greek life has become the convenient target." He warned that parties could simply move off campus where there would be less oversight.

"Changing the address doesn't change behavior." End quote.

Seriously? Really? School after school endorses frat and sorority life, brags about it in its brochures.

Jane Doe's attorney, Thomas Giuffra, says Jane Doe is now taping paper over the windows because she's afraid and that both her family and her attorney's family have been receiving threats.

And now two of the fraternity brothers and their defense attorneys, Tanny Garagos and Andrew Miltenberg, they are asking the courts to remove Letitia James, the Attorney General of New York, as the special prosecutor who's been assigned to this case.

They're arguing that her public statements about this case supporting Jane Doe before she was ever assigned to take this case and actually calling her a rape victim, those lawyers are saying that she just sort of like showed all her cards, that she prejudged the allegations that she's now supposed to be investigating independently.

Tanny Garagos calls this a political stunt.

Now, late last month, she posted about Doe's case, calling f- her a survivor and declaring, "We stand with you." Days later at the news conference announcing her appointment as special prosecutor, she declined to comment on the post.

Andrew Miltenberg, a lawyer for one of the seven former fraternity members, on Monday called for James to recuse herself from the case, saying her statements could reasonably be understood as accepting that the alleged conduct occurred before she assumed responsibility of determining what the evidence establishes.

Finally, any criminal charges would have to follow New York's law defining sex crimes and lack of consent.

In particular, lack of consent can result from being involuntarily mentally incapacitated by drugs or alcohol, but, and we've talked about this, in 19 fucking states, this is a loophole.