Lawyers for Cornell defendant seek AG James's removal as special prosecutor

Petition cites James’s pre-appointment social media posts as bias evidence

Lawyers for one of seven men accused of raping a former Cornell University student in 2024 asked a New York state court Wednesday to remove Attorney General Letitia James from the special-prosecutor role she was appointed to lead last week.

Attorneys for Gillio Lopes filed the Article 78 petition in Albany County Supreme Court against both James and Gov. Kathy Hochul. The filing asks the court to block James’s appointment and remove her from the case.

The petition points to a Sept. 28 social media post by James, written before her Oct. 1 appointment, in which she said: “What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you.”

“By making these statements, Respondent James unequivocally demonstrated a bias and presumption of guilt against the defendants named in the Civil Case,” Lopes’ lawyers wrote. The attorneys argued the statements show James “believes the allegations made by Jane Doe, and that she has already reached the conclusion that Petitioner and the other named Defendants are guilty.”

James’s office declined Wednesday to comment on the filing. After her appointment, James said in a statement that the investigation would be conducted “fully and fairly.”

The petition is the latest step in a case that began with allegations against members of Cornell’s Chi Phi fraternity. The woman, identified only as Jane Doe in court records, filed a civil lawsuit last month accusing Lopes and six other Chi Phi members of “gang rape” at the fraternity house. She alleges she was “plied with alcohol and drugs to the point of intoxication” and then sexually assaulted over about seven hours beginning the night of Oct. 19, 2024.

Lopes has denied sexually assaulting the woman. No criminal charges have been filed. Tompkins County District Attorney Matthew Von Houten said last week he had reopened his office’s investigation into the allegations.

Hochul named James as special prosecutor last week, saying she did not have faith in Tompkins County prosecutors to lead the inquiry. Article 78 petitions are filed in New York to challenge actions by state or local agencies or officials.