Lopes' Lawyer Seeks Dismissal of Letitia James From Cornell Assault Case

Gillio Lopes, a Cornell University student accused of participating in a sexual assault at a fraternity house, is asking a court to remove New York Attorney General Letitia James from the criminal investigation. His lawyer argues that James showed clear bias in the case before she was formally appointed to lead the inquiry.

The legal dispute stems from a public post James made on her official X account on September 28. In the post, she described the ordeal endured by the complainant, identified as Jane Doe, as horrific and unacceptable. James wrote that she was holding the survivor in her heart and prayers. Three days later, Governor Kathy Hochul issued an executive order naming James as the special prosecutor to oversee the case.

Andrew Miltenberg, Lopes' attorney, filed a petition on October 7 to void that executive order. He contends that James' comments constituted an unequivocal demonstration of a presumption of guilt against the defendants named in the related civil lawsuit. Miltenberg stated that the appointment is improper because James has already aligned herself with the narrative of the allegations.

James Farrell, a Republican judge elected to the New York State bench in 2019, will hear arguments on this matter on Thursday. Both sides are allotted 30 minutes to present their cases. James, who is currently running for reelection, is not expected to attend the hearing.

This is the second legal challenge to remove James from the case. Another student accused in the incident has filed a separate motion in Tompkins County. The hearings coincide with the Cornell Faculty Senate weighing a non-binding no-confidence vote on the university's handling of the crisis.

Governor Hochul appointed James on October 1 after stating she lost faith in the Tompkins County district attorney. That office had previously reviewed the allegations and concluded they were insufficient to support criminal charges. The appointment was intended to restore public confidence in the investigation.

James' legal team argues that courts have limited authority to review the governor's power to appoint the attorney general to supersede an investigation. They describe Lopes' concerns as wildly speculative. They assert that James' post was a single empathetic remark and does not prove she prejudged the investigation. They suggest the issue is premature and can be raised again if a criminal case is formally brought.

Doe accused Lopes of having non-consensual sex with her and another student in Lopes' room at the Chi Phi house in 2024. Miltenberg denies the allegations. He states that Lopes' encounter was consensual and occurred before messages inviting other fraternity members to the room were sent. He emphasizes that Lopes did not facilitate or encourage the participation of others.

Miltenberg previously told CNN that after reviewing all the evidence in the Title IX file, he is unaware of any crime committed. He stated that if an investigator decides a crime is possible, it certainly was not Lopes. The attorney added that no one who made such a statement is the right person to restore confidence in an investigation.

Lopes was suspended for one academic year following the Title IX process. He was required to take a class and submit a reflective paper. He is currently attending Cornell with two semesters remaining before graduation, according to his attorney.