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 filed a petition 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 has denied sexually assaulting the plaintiff, who has been identified in court documents by the pseudonym Jane Doe.
Sullivan County Supreme Court Judge James R. Farrell did not immediately rule on the request by Lopes’ lawyers.
Lopes’ attorneys have cited 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 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. “She has shown that she has picked sides,” he added.
James filed a formal opposition response 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.
In a statement after the hearing, a spokesperson for James’ office said Lopes’ lawyers’ “claims are without merit.” The spokesperson added that James’ office “remains committed to conducting an investigation guided only by the facts, the evidence, and the law.”
Farrell during the hearing questioned whether James’ remarks in support of Jane Doe were improper, suggesting that “an ethical rule” might apply.
“You would agree with me it’s probably not a good idea for a prosecutor to engage in that type of conduct?” Farrell asked Assistant Attorney General Kaitlin Vigars, who briefly hesitated before she responded.
“I’m hearing your honor’s sentiment,” Vigars said. “Ultimately, I don’t think public statements by a prosecutor are an impediment to a prosecution. ... There’s nothing that prevents prosecutors from making public statements.”
Farrell also pushed Lopes’ lawyers about why the six other defendants had not joined their client in challenging James’ role, calling it “a real issue” for him.
“It’s not a one-defendant potential case,” Farrell said. “It’s a potential for seven, so you can’t have seven different proceedings.”
Lopes’ attorney Andrew Miltenberg told reporters after the arguments that he was “confident that the other six will join, whether they want to or not,” because he believes Farrell could “force them to join” if they were not all on board.
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.
Winston Lee, another defendant in Jane Doe’s lawsuit, separately asked a Tompkins County court to bar James from participating in any grand jury proceedings. A decision is expected Nov. 13 in the sealed matter.
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.