By Islam El-Sakka
Attorneys for Gillio Lopes, one of seven former Cornell University fraternity members accused in a high-profile sexual assault lawsuit, argued in a New York court Thursday that state Attorney General Letitia James should be removed as special prosecutor. Lopes has denied sexually assaulting the plaintiff, identified in court documents as Jane Doe.
Petition Alleges Bias
Lopes filed an Article 78 petition earlier this month seeking to block James' appointment, claiming she has "unequivocally demonstrated a bias and presumption of guilt against the defendants." His lawyers cite a social media post James published on X on September 28, three days before her appointment, stating: "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."
Defense Argues Appointment Not 'Viable'
Stuart Bernstein, one of Lopes' attorneys, told Sullivan County Supreme Court Judge James R. Farrell that James had "failed" in her obligation to "represent all of the citizens of New York state." Bernstein said the X post showed James had "publicly aligned herself" with the complainant, making her appointment no longer "viable" because "she has shown that she has picked sides."
James and Governor Defend Appointment
James filed a formal opposition last week, arguing the petition relies on claims that are "not justiciable" and that Lopes' attorneys lack standing to challenge an appointment within the governor's discretion. Governor Kathy Hochul, who appointed James this month to independently investigate the allegations, defended her decision, saying she has "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."
Case Background
Jane 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 civil lawsuit has been criminally charged. Both James and Hochul are Democrats running for re-election.
