Accused Cornell student pushes to remove New York AG as special investigator

One of the men accused in a "gang rape" at Cornell University is pushing to have New York Attorney General Letitia James thrown off the case, arguing that she "demonstrated a bias and presumption of guilt" through a past social media post.

An attorney for student Gillio Lopes asked an Albany court to void Gov. Kathy Hochul's appointment of James as special prosecutor in the case, as well as force the appointment of a new prosecutor "who is free from actual or perceived conflicts of interest or bias."   

Lopes' attorney also pushed back on the details of the accusations made by the Jane Doe, saying her story "changed significantly" over time. Doe's lawyer has in turn said those arguments are self-serving.

Hochul appointed James to investigate the case last week after saying she lost confidence in the Cornell University Police Department and the Tompkins County District Attorney, who had previously declined to bring charges in the case 

The legal push to remove James from the case centers on a social media post from last month when James signaled her solidarity with Jane Doe.  

"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 said on social media on Sept. 28 commenting on a news article about the case.

James declined to comment on the post during a press conference last week.

"I will not comment on a Facebook post," she told reporters. She has not otherwise commented.

But Hochul defended the decision to appoint her. 

"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. That's exactly what's going to happen in this case," Hochul said. 

Attorney Andrew Miltenberg, who's representing Lopes, argued in the court filing that James' social media statement about Jane Doe was enough to justify voiding the appointment. 

"Through this official public statement, Attorney General James has made clear that she has formed an opinion about the case, that she believes the allegations made by Jane Doe, and that she has already reached the conclusion that Petitioner and the other named Defendants are guilty," he wrote. 

Thomas Giuffra, the attorney representing Jane Doe, said she was in no condition to consent.

"She was not. Think about it. They were loading her up with ketamine. They were loading her up with -- she was drunk before she walked in the door," Giuffra told ABC News.

Lopes was suspended for one year after being found responsible for participating in the sexual activity when Doe was "incapable of conveying consent," according to Miltenberg.

Lopes was also ordered to take "an educational restorative class" and submit an essay. He has since continued his education at Cornell. 

In an interview with ABC News on Thursday, Miltenberg argued that James' past statement as well as the current public attention on the case makes it impossible for his client to be treated fairly. 

"By saying what she said, posting what she posted several days later, you could reasonably read that as her, Letitia James, having accepted the factual premise of the allegations," he said.  

In the interview with ABC News, Miltenberg pushed back on what he described as "a nonstop barrage" of misleading information about his client. 

"I think that his life and the lives of the other young men has already been destroyed in the court of public opinion," said Miltenberg. "I don't know how he ever overcomes this. He has been absolutely condemned by public opinion on social media, and that's a significant issue." 

Miltenberg pointed to a now-viral exchange when Lopes was accosted on Cornell's campus earlier this month.

"Are you like not embarrassed to be here?"  a woman asked Lopes in the video. "You're a disgusting person. Everyone at Cornell is ashamed of you." 

The case has rocked the university and started conversations about treatment of alleged sexual assault on college campuses.

The woman at the center of the Cornell case, a former student identified only as Jane Doe, originally made a complaint to campus police in November 2024, three weeks after the incident occurred.

The Tompkins County district attorney, Matthew Van Houten, reviewed a summary of the woman's statement that same month and decided based on that information that although the conduct in the case was "morally disturbing," it did not constitute a crime.

Van Houten reopened the case on Sept. 27 after speaking with Jane Doe and her lawyer in the wake of a civil suit being filed alleging that she had been drugged and raped. The men have denied all wrongdoing.

Jane Doe has alleged that Lopes sexually assaulted her and later snorted ketamine from her body. Miltenberg denied the ketamine use and argued that the sexual activity was consensual. 

Miltenberg argued that Jane Doe's account has "morphed almost dramatically" since she first told police about the incident.  

"There is a lot that is in the file that didn't make its way into the civil complaint, which tells a very different story," he said. "I think that the most respectful way for me to say it is that Jane Doe's story has changed significantly since the complaint."