One of the men named as a defendant in a civil lawsuit over alleged sexual assaults at Cornell University has asked a New York judge to remove New York Attorney General Letitia James as special prosecutor in a separate criminal investigation, arguing that comments she made before taking over the investigation created the appearance of bias. The civil lawsuit, filed by a woman identified as Jane Doe, seeks damages from multiple defendants and is distinct from the state's inquiry into whether criminal charges are warranted. New York Governor Kathy Hochul appointed James as special prosecutor to oversee the criminal investigation, as well as a review of how law enforcement and Cornell University initially responded to the allegations.
Gillio Lopes, one of the seven men named in the civil lawsuit, has denied sexually assaulting the woman and this week his lawyers filed a petition seeking the removal of James as special prosecutor. The Article 78 petition, a legal challenge to government action, argues that James' previous comments throw into question her investigation's "integrity and independence.” Newsweek reached out to James via email for comment but did not receive a response at the time of publishing. James has spoken about the case a number of times, though mostly after her appointment as special prosecutor.
Her first statement was the most controversial, and the one that Lopes’ defense lawyers have focused on. In a post on social media on September 28, James shared a New York Times article announcing the reopening of the Cornell case investigation and 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.” In the Article 78 petition, filed to the New York Supreme Court on October 7, lawyers for Lopes argued: “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.” As a result, they said that James “cannot remain neutral” and that her appointment “must be voided” as a result. When asked by a reporter last week about the social media posts, James said: “I will not comment on a Facebook post.” James was appointed to investigate the case by New York Governor Kathy Hochul on October 1, and following this her office released a statement about the case.
The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly,” she said. During this conference, she said, "This is now an active criminal investigation led by the office of the attorney general.” "We will review the facts, gather evidence, interview witnesses, and, if warranted, pursue prosecutions. I know that you want answers.
Allegations made against seven men relating to an alleged incident in 2024 continue to prompt public interest as students and faculty members gathered on Monday to protest the University’s handling of the incident. This week Cornell University announced that it was hiring Sally Yates, a former deputy attorney general, to lead an independent review of the university's practices and procedures relating to sexual assault. The Article 78 petition includes an Order to Show Cause which is a request for the judge to set a briefing schedule and require the state to respond.
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