Cornell Rape Case Defendant Seeks Removal of NY Attorney General as Special Prosecutor
Attorneys argue Letitia James' prior public statements demonstrate bias against the accused.
One of the former fraternity brothers accused of gang raping a colleague at Cornell University is seeking the removal of New York Attorney General Letitia James as special prosecutor in the case. James was appointed to oversee the investigation by Gov. Kathy Hochul last week.
Attorneys for defendant Gillio Lopes filed a petition in Albany County Supreme Court arguing that James has "unequivocally demonstrated a bias and presumption of guilt against the Defendants." They cite a social media post James made three days before her appointment, in which she stated of the alleged victim, "What this young woman has been forced to endure is horrific and unacceptable." Lopes' legal team contends this statement "made clear that she has formed an opinion about the case" and prejudged guilt.
The petition asks a judge to appoint a new prosecutor "who is free from actual or perceived conflicts of interest or bias." It also names Hochul as a defendant, with Lopes' lawyer Stuart Bernstein stating that "Attorney General James, based upon her very public statements validating Jane Doe, certainly doesn't instill confidence in a fair investigation."
The alleged victim, identified as Jane Doe, filed a civil lawsuit on September 16, claiming she was coerced into taking drugs and sexually assaulted by seven members of the Chi Phi fraternity at an off-campus house on October 19, 2024. The lawsuit alleges Doe was heavily intoxicated upon arrival, was pressured to take ketamine, and was given marijuana and high-proof alcohol before the assault. Doe reported the allegations to Cornell University Police on November 8.
Lopes and the other former fraternity members have denied any wrongdoing. The Tompkins County District Attorney's Office previously concluded there was insufficient evidence to pursue criminal charges.
In the wake of the allegations, Cornell temporarily suspended the fraternity. Lopes received a three-semester suspension with two years of probation from the university. He has reportedly faced harassment from other students on campus and is considering leaving the school.
Students have organized protests against the university's handling of the alleged rape, and the Cornell faculty senate plans to vote on a no-confidence resolution against school administrators. The university has also hired former Acting U.S. Attorney General Sally Yates to conduct its own independent review of the matter.