Cornell Fraternity Brother Seeks Removal of AG James Over Social Media Posts

Lawyers for a Cornell University fraternity member accused of gang rape have petitioned to remove New York Attorney General Letitia James from the investigation, citing social media posts they contend show bias. The challenge comes as the university is transferring sexual assault reports to state police.

The defense for Gillio Lopes, one of seven students from the Chi Phi fraternity facing allegations of gang rape and drugging of a student in October 2024, argues that James's prior public comments demonstrate a predisposition against the accused.

James, who was appointed a special prosecutor for the case by Gov. Kathy Hochul, had posted on X (formerly Twitter) on Sept. 28, referring to the alleged incident as "horrific and unacceptable" and calling the accuser a "survivor." She added, "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."

During a court hearing on Thursday, Sullivan County Supreme Court Justice James Farrell questioned Assistant Attorney General Kaitlin Vigars about the propriety of such statements from a prosecutor. "You would agree with me that it's not proper for a prosecutor to make those statements?" Farrell asked. Vigars, representing James and Hochul, argued that actual prejudice would need to be demonstrated to warrant disqualification.

Farrell did not issue an immediate ruling, setting a Nov. 5 deadline for Lopes's lawyers to explain why the other six defendants have not joined the challenge. He also raised questions about his authority to remove the state's chief prosecutor from the case. Vigars contended that Lopes could not claim harm since no criminal charges have yet been filed.

Andrew Miltenberg, Lopes's attorney, expressed confidence that the other defendants would eventually join the legal challenge, suggesting Farrell could compel their participation. Miltenberg also noted the availability of numerous other qualified individuals and agencies in New York to handle the investigation.

In response to Lopes's legal filing, James's office formally opposed the petition, deeming its claims "not justiciable." Another defendant, Winston Lee, has filed a separate request in Tompkins County seeking to prevent James from participating in grand jury proceedings, with a decision expected Nov. 13 in that sealed case.

Meanwhile, Governor Hochul announced Thursday that all sexual offense complaints typically handled by Cornell University Police will now be referred to the New York State Police. "Every student deserves to feel safe on their campus," Hochul stated. "And when someone reports sexual assault, they deserve to be heard, treated with compassion, and know their allegations will be taken seriously and thoroughly investigated by law enforcement trained to support survivors."

Under the new agreement, state police will conduct criminal investigations unless otherwise requested by the individual. Hochul emphasized the importance of survivors trusting the institutions meant to protect them, stating, "We cannot afford to let them down."

Hochul previously affirmed her confidence in James's ability to handle the case impartially, stating, "I have every confidence in our attorney general to do what she has always done: Look at the facts, examine the record, draw the proper conclusions."