MONTICELLO, N.Y. — Lawyers for one of seven former Cornell University fraternity members accused in a high-profile sexual assault trial argued in court Thursday that New York Attorney General Letitia James should be removed as special prosecutor, alleging she was biased against the defendants.
Gillio Lopes filed a motion this month seeking to block James’ appointment to oversee the case. The motion contends that James has “unequivocally demonstrated bias and a presumption of guilt against the defendants.” Lopes denied sexually assaulting the complainant, who was identified in court documents under the pseudonym Jane Doe.
Sullivan County Supreme Court Judge James R. Farrell did not immediately rule on the request from Lopes’ attorneys.
Lopes’ lawyers cited a social media post James made three days before she was named special prosecutor. “What this young woman was forced to endure is horrific and unacceptable,” James wrote on X on September 28. “I carry her in my heart and in my prayers. To her and to all survivors: you are not alone. We stand with you.”
Stuart Bernstein, one of Lopes’ attorneys, told Farrell that James had “failed” in his duty to “represent all citizens of the State of New York.”
Bernstein added that James’ appointment was no longer “viable” because her position X showed she had “publicly aligned” with the plaintiff. “She showed that she had chosen her side,” Bernstein added.
James filed a formal response opposing Lopes’ efforts last week, arguing that his petition is based on allegations that are “not justiciable.” She also argued that Lopes’ attorneys did not have standing to challenge his appointment, which is within the governor’s discretion.
In a statement after the hearing, a spokesperson for James’ office said Lopes’ attorneys’ “claims are baseless.” The spokesperson added that James’ office “remains committed to conducting an investigation guided solely by the facts, evidence and the law.”
Farrell, during the hearing, questioned whether James’ remarks in support of Jane Doe were inappropriate, suggesting an “ethical rule” might apply.
“Would you agree with me that it’s probably not a good idea for a prosecutor to engage in this type of behavior?” Farrell asked Assistant Attorney General Kaitlin Vigars, who hesitated briefly before responding.
“I hear the sentiment of your honor,” Vigars said. “Ultimately, I don’t think a prosecutor’s public statements are an impediment to prosecution. … There’s nothing stopping prosecutors from making public statements.”
Farrell also pushed Lopes’ lawyers to explain why the other six defendants had not joined their client in challenging James’ role, calling it a “real problem” for him.
“This is not a potential case involving a single defendant,” Farrell said. “There are potentially seven, so you can’t have seven different procedures.”
Lopes’ lawyer, Andrew Miltenberg, told reporters after the proceedings that he was “confident the other six would join, whether they wanted to or not” because he believed Farrell could “force them to join” if they didn’t all agree.
Lopes’ filing is known as a Rule 78 petition, a procedure that allows parties to challenge the actions of officers or agencies of state or local government.
Winston Lee, another defendant in Jane Doe’s trial, 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 case.
Gov. Kathy Hochul appointed James this month to independently investigate allegations related to the Jane Doe civil lawsuit. Doe alleges she was subjected to drunkenness, sexual assault and gang rape at the Chi Phi fraternity house in Ithaca in October 2024. None of the seven men named in the lawsuit have been criminally charged.
Hochul defended his 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, review the record and draw the appropriate conclusions. That is exactly what is going to happen in this case.”
James and Hochul are both Democrats running for re-election.
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