Cornell defendant is fighting AG Letitia James’ appointment as special prosecutor

One of the seven men named in the lawsuit filed by a former Cornell University student who alleges that she was sexually assaulted at an on-campus fraternity house has filed a petition to block New York Attorney General Letitia James’ appointment as special prosecutor in the case.

The attorney for Gillio Lopes, who has denied that he sexually assaulted the woman, filed a petition in Albany County Supreme Court on Wednesday. His filing states that James should not be the prosecutor in the case because she has “unequivocally demonstrated a bias and presumption of guilt against the defendants named in the Civil Case.”

The Article 78 petition, filed against Gov. Kathy Hochul and James, is a proceeding used to challenge an action by a state or local government officer or agencies in New York.

Hochul last week appointed James to independently investigate Jane Doe’s allegations in the lawsuit in which she stated she was plied with alcohol, sexually assaulted and gang-raped at the Chi Phi fraternity house in October 2024. In her role, James will determine whether criminal charges are warranted.

AG James’ office declined to comment on the Article 78 filing.

In a statement on Monday, James said: “My office enforces our state’s laws to protect all New Yorkers. I am committed to leading a comprehensive investigation they can trust, guided only by the facts, the evidence, and the law.”

Hochul’s office on Wednesday reiterated support for James.

Hochul’s office when reached for comment on Lopes’ filing, the governor’s office referred to her comments last week.

“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 at the time.

James’ appointment came after the governor expressed dismay over Tompkins County District Attorney Matthew Van Houten’s investigation of Doe’s allegations. He has said his office found a lack of criminality at the time and declined to press charges, but he reopened the case after the lawsuit sparked national uproar.

Jane Doe’s civil suit was filed last month against Cornell, Chi Phi, and seven fraternity brothers. None of the males named have been criminally charged.

The fraternity was suspended from campus, and it remains barred.

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Cornell said in a statement on Sept. 28 that in 2024 it conducted a thorough, monthslong Title IX investigation that handed down “a range of sanctions, which included expulsions and suspensions” from the university. Two of the fraternity members were expelled, and another two were suspected. A third, who had already graduated, was barred from campus, and the final two were issued no-contact orders and “reflection papers,” according to a source who has seen the written decision of the Title IX investigation.

Lopes’ filing argues that James’ appointment is “improper” and cites a social post her office shared on X on Sept. 28, three days before her appointment was announced. In that post, she said: “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.”

That post, the petition contends, “made clear that she has formed an opinion about the case” and “she has already reached the conclusion that Petitioner and the other named Defendants are guilty.”

The petition also seeks to have the court review James’ appointment and requests that her appointment should be annulled or modified so that James is not personally directing the probe or any resulting prosecution.

Stuart Bernstein, an attorney for Lopes, said Wednesday: “As Governor Hochul has said, the public needs confidence in the individual leading this investigation. AG James, based upon her very public statements validating Jane Doe, certainly doesn’t instill confidence in a fair investigation.”

In her lawsuit, Doe accused Lopes of kissing her and sexually assaulting her without her consent.

Attorneys for two of the seven men, including Lopes, have denied to NBC News that they sexually assaulted Doe. An attorney for a third man denied the allegations to ABC News. NBC News has not received responses to requests for comment from the other men.

On Tuesday, Miltenberg said he welcomes Cornell’s decision to have an independent review of its handling into Doe’s allegations, which will be led by former Acting U.S. Attorney General Sally Yates.

“In our experience, Cornell’s investigations have generally been thorough. That said, we have also seen due process problems that have affected respondents, and on at least two occasions we have gone to federal court to try to address those issues. In this case, we do not agree with the outcome as to Mr. Lopes,” Miltenberg said.

Pilar Melendez, Adam Reiss and Daniel Arkin contributed.