One of seven Cornell fraternity brothers accused in a civil lawsuit of gang rape is attempting to have New York Attorney General Letitia James removed as special prosecutor in his case.
Gillio Lopes, one of the accused Alpha Chi fraternity brothers, has accused James of bias in her approach to the high-profile case. Before James was appointed as special prosecutor earlier this month, she issued a statement of support for Lopes's alleged victim, who filed under the pseudonym Jane Doe.
In her statement, James affirmed Jane Doe's allegations as fact, described her as a 'survivor,' and declared that her office 'stands with' the alleged victim. Lopes's attorney, Andrew Miltbenberg, argued in a court filing that this statement demonstrated James's lack of impartiality and requested her immediate removal. The attorney contended that allowing James to continue could impact a future trial through her control of witness interviews and evidence.
The filing is scheduled to be heard in Sullivan County in upstate New York. James has previously denied that her statement of support for Jane Doe indicated bias, asserting it was merely a show of 'empathy' for the student.
At Thursday's court hearing, Lopes's attorney Stuart Bernstein told the court that James had 'failed the obligation' to carry out her investigation impartially. 'The only one that has brought a political issue into this is the state,' Bernstein said. 'We're not asking the court to supervise an investigation... We're asking to restore confidence into an objective investigation. AG James is not that person.'
Bernstein highlighted James's social media statement supporting Jane Doe, describing the situation as a 'perfect storm' for removing the Attorney General from the case. He requested that the court send the matter back to the governor, stating, 'We're not asking you to step in and pick someone... we're asking you to say the person she picked doesn't work.'