An attorney representing one of the former Cornell University fraternity members accused of sexually assaulting a fellow student is asking a New York court to remove Attorney General Letitia James from her role as special prosecutor in the case.
Gillio Lopes’ lawyers filed an Article 78 petition in Albany County Supreme Court on Wednesday, arguing that James should not oversee the investigation because her public comments about the alleged victim demonstrate what they describe as bias.
The petition also names New York Governor Kathy Hochul, who appointed James to handle the case through an executive order last week.
Lawyers Point to James’ Public Statement
Lopes’ legal team argues that James had already expressed a position on the allegations before taking over the case.
Three days before Hochul announced the appointment, James posted on X that the woman involved had endured something “horrific and unacceptable” and said she was holding the woman “in my heart and in my prayers.”
According to Lopes’ attorneys, the statement indicated that James had formed an opinion about the allegations before assuming responsibility for the investigation.
The petition claims James had “unequivocally demonstrated a bias and presumption of guilt against the Defendants named in the civil case.”
The lawyers are asking the court to appoint a special prosecutor who is free from what they describe as actual or perceived conflicts of interest or bias.
Hochul Defends Attorney General’s Appointment
Hochul announced James’ appointment last week and expressed confidence in the attorney general’s ability to examine the allegations.
“I have every confidence in our Attorney General to do what she has always done: look at the facts, examine the record and draw the proper conclusions,” Hochul said.
“That’s exactly what’s going to happen in this case.”
Lopes’ attorney Stuart Bernstein, however, said James’ previous comments undermine confidence in her ability to conduct the investigation impartially.
“As Governor Hochul has said, the public needs confidence in the individual leading this investigation,” Bernstein said.
“Attorney General James, based upon her very public statements validating Jane Doe, certainly doesn’t instill confidence in a fair investigation.”
Allegations Date Back to October 2024
The dispute stems from allegations made by a woman identified in court documents as Jane Doe, who filed a civil lawsuit on September 16.
She alleges that she went to an off-campus Chi Phi fraternity house in Ithaca on October 19, 2024, after drinking heavily.
According to her lawsuit, she was pressured to take ketamine and was given marijuana and high-proof alcohol before being sexually assaulted by several fraternity members.
Doe alleges that seven men eventually participated in the assaults and that she became completely incapacitated.
She claims the alleged abuse continued until approximately 5.45am, when she lost consciousness.
The lawsuit also alleges that a member of the fraternity posted a message in a Snapchat group for active members referring to Doe and indicating that other men could enter the room.
Former Fraternity Members Deny Wrongdoing
Lopes and the other former Chi Phi members named in the lawsuit have denied wrongdoing.
No criminal charges were brought against them after the Tompkins County District Attorney’s Office concluded that there was insufficient evidence to prosecute the case.
Doe reported the allegations to Cornell University Police on November 8, according to her lawsuit.
Cornell subsequently suspended the fraternity.
Lopes received a three-semester suspension and two years of probation and has since returned to campus.
Cornell Orders Separate Review
Lopes’ attorneys have also responded to Cornell’s decision to appoint former Acting U.S. Attorney General Sally Yates to conduct an independent review of the university’s handling of the allegations.
Attorney Andrew Miltenberg said the legal team welcomed the review while maintaining that it disagreed with the university’s decision concerning Lopes.
“In our experience, Cornell’s investigations have generally been thorough,” Miltenberg said.
He added that the defense had previously encountered due-process concerns involving respondents and had gone to federal court on two occasions over such issues.
“In this case, we do not agree with the outcome as to Mr Lopes,” Miltenberg said.
Campus Dispute Continues
Lopes’ lawyers have said he is considering leaving Cornell, citing harassment from other students.
An Instagram video referenced by The New York Times showed a woman approaching Lopes in a campus hallway and telling him she was ashamed to attend the same university as him.
The allegations have also prompted student demonstrations over Cornell’s handling of the case.
Cornell’s faculty senate has said it plans to vote on a no-confidence resolution concerning university administrators.
