Cornell Student Accused in Gang Rape Case Seeks Removal of NY AG as Special Prosecutor

One of the students accused in a sexual assault case at Cornell University is seeking to have New York Attorney General Letitia James removed as special prosecutor. An attorney for Gillio Lopes filed a motion in an Albany court, arguing that James "demonstrated a bias and presumption of guilt" through a social media post she made on September 28.

The filing asks for the voiding of Governor Kathy Hochul's appointment of James and the appointment of a new prosecutor "free from actual or perceived conflicts of interest or bias." The defense also contested details of the accusations made by the accuser, referred to as Jane Doe, stating her story has changed significantly over time. Doe's attorney has characterized these arguments as self-serving.

Hochul appointed James to investigate the case last week, stating she had lost confidence in the Cornell University Police Department and the Tompkins County District Attorney's office, which had previously declined to press charges. James' appointment followed a civil suit alleging Doe had been drugged and raped.

The legal challenge centers on a social media post in which James expressed solidarity with the accuser. "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," James posted.

During a press conference last week, James declined to comment on the post, stating, "I will not comment on a Facebook post." Governor Hochul, however, defended the decision to appoint James, saying, "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."

Andrew Miltenberg, attorney for Lopes, argued in the court filing that James' social media statement indicated she had already formed an opinion and concluded the defendants were guilty. Thomas Giuffra, representing Jane Doe, countered that his client was not in a condition to consent due to being drugged and intoxicated.

Lopes was suspended from Cornell for one year after being found responsible for participating in sexual activity when Doe was allegedly incapable of conveying consent. He was also required to complete an educational class and submit an essay. Miltenberg stated that Lopes has continued his education at Cornell.

In an interview, Miltenberg asserted that James' prior statement, combined with public attention on the case, makes it impossible for his client to receive a fair trial. He described a "nonstop barrage" of misleading information and stated that his client's life has been "destroyed in the court of public opinion."

Miltenberg highlighted a viral video of an exchange on Cornell's campus where Lopes was confronted and called "disgusting" and a person "ashamed" by another student. The case has become a significant issue for the university, sparking broader conversations about the handling of alleged sexual assault cases on college campuses.

Jane Doe initially reported the incident to campus police in November 2024. The Tompkins County District Attorney, Matthew Van Houten, reviewed the initial statement and determined that while the conduct was "morally disturbing," it did not constitute a crime. Van Houten reopened the case on September 27 after speaking with Doe and her lawyer, following the filing of the civil suit.

Doe alleges that Lopes sexually assaulted her and snorted ketamine from her body. Miltenberg denies the ketamine use and maintains that the sexual activity was consensual. He has argued that Doe's account has "morphed almost dramatically" since her initial complaint to the police.