Lawyers fighting N.Y. AG’s role in Cornell assault investigation say she is not ‘viable’ as prosecutor

MONTICELLO, N.Y. — Lawyers for one of seven former Cornell University fraternity members accused in a high-profile sexual assault lawsuit argued in court Thursday that New York Attorney General Letitia James should be removed as special prosecutor, alleging she is biased against the defendants.

Gillio Lopes, who has denied sexually assaulting the plaintiff, identified by the pseudonym Jane Doe, filed a petition earlier this month seeking to block James’ appointment to oversee the case. The petition argues that James has “unequivocally demonstrated a bias and presumption of guilt against the defendants.”

Lopes’ attorneys cite a social media post James published three days before she was appointed special prosecutor. “What this young woman has been forced to endure is horrific and unacceptable,” James wrote on X on Sept. 28. “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.”

Stuart Bernstein, one of Lopes’ attorneys, told Sullivan County Supreme Court Judge James R. Farrell that James had “failed” in her obligation to “represent all of the citizens of New York state.”

Bernstein added that James’ appointment was no longer “viable” because her X post showed she had “publicly aligned herself” with the complainant.

James filed a formal opposition to Lopes’ efforts last week, arguing that his petition relies on claims that are “not justiciable.” She also argued that Lopes’ attorneys lack standing to challenge her appointment, which is within the governor’s discretion.

“Petitioner asks this Court to impermissibly void a discretionary action by the Governor,” James wrote.

Lopes’ filing is known as an Article 78 petition, a proceeding that allows parties to challenge actions by state or local government officers or agencies.

Gov. Kathy Hochul appointed James this month to independently investigate allegations in Jane Doe’s civil lawsuit. Doe alleges she was plied with alcohol, sexually assaulted and gang-raped at the Chi Phi fraternity house in Ithaca in October 2024. None of the seven men named in the lawsuit has been criminally charged.

Hochul has defended her decision to appoint James, saying in part, “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.”

James and Hochul are both Democrats running for re-election.