A defendant in the Cornell University civil lawsuit is asking a New York court to undo the Letitia James special prosecutor appointment, arguing the attorney general cannot be impartial. Gillio Lopes, one of seven men named in the suit, filed the petition in Albany County Supreme Court on Wednesday, NBC News reported. Lopes has denied the allegations against him, and none of the men has been criminally charged.
Lopes says James showed bias through a public post and statements. He wants the court to annul or modify her role so she does not personally direct the investigation. James’s office declined to comment, and Gov. Kathy Hochul’s office reiterated its confidence in her. No court ruling had been reported in the sources reviewed.
Key Facts at a Glance
| Filed by | Gillio Lopes, a defendant in the civil suit |
|---|---|
| Court | Albany County Supreme Court |
| Type of filing | Article 78 petition against James and Gov. Hochul |
| Main argument | James has shown bias and a presumption of guilt |
| Appointment | Hochul named James by executive order on Oct. 1 |
| Criminal charges | None against the seven named men |
What the Letitia James Special Prosecutor Challenge Argues
The filing is known as an Article 78 petition. In New York, that is a proceeding used to challenge an action taken by a state or local officer or agency. Lopes names both James and Hochul in it.
The petition says James should not lead the case because she has shown bias and a presumption of guilt against the defendants. It points to a post her office shared on X on Sept. 28, three days before her appointment was announced. In that post, James said she was holding the woman in her heart and prayers and told survivors they were not alone.
Lopes’s lawyers argue the post shows James had already formed an opinion. The petition asks the court to review the appointment and to annul or change it, so James is not personally directing the investigation or any resulting prosecution.
Stuart Bernstein, an attorney for Lopes, said the public needs confidence in whoever leads the investigation, and that James’s public statements do not provide it. James’s office declined to comment on the filing, NBC News reported.
How the Appointment Came About
Hochul issued an executive order naming James as special prosecutor, according to ABC News. The governor said newly released information raised serious questions about how Cornell’s police department handled the matter and about the Tompkins County district attorney’s decision not to prosecute.
The move came five days after District Attorney Matthew Van Houten said he would reopen the investigation. TheGrio reported that Van Houten told ABC News his office relied on the Cornell Police investigation and had not independently investigated the allegations.
Under the arrangement, James oversees the criminal investigation. The Irish Examiner reported that Hochul said James could present evidence to a grand jury if warranted. James has said her office will review facts, gather evidence, interview witnesses and, if warranted, pursue prosecutions.
In a Monday statement quoted by NBC News, James said she is committed to leading an investigation people can trust, guided only by the facts, the evidence and the law.
Background on the Civil Lawsuit
The case began with a civil suit filed in September by a former Cornell student identified as Jane Doe. She sued Cornell, the Chi Phi fraternity and seven fraternity members. She alleges she was drugged and sexually assaulted at the fraternity house in October 2024.
Attorneys for two of the seven men, including Lopes, have denied to NBC News that their clients assaulted her. An attorney for a third man denied the allegations to ABC News. NBC News said it had not received responses from the other men.
The fraternity was suspended from campus and remains barred, NBC News reported. The allegations are claims in a civil case. They have not been tested in a criminal court.
Cornell’s Earlier Review and New Outside Inquiry
Cornell said in a Sept. 28 statement that it ran a monthslong Title IX investigation in 2024 that produced a range of sanctions, including expulsions and suspensions. A source who had seen the written decision told NBC News that two members were expelled and two were suspended. A third, who had already graduated, was barred from campus. The final two received no-contact orders and were told to write reflection papers.
The university has also agreed to an independent review of how it handled the allegations. The Irish Examiner reported that Cornell agreed to bring in outside lawyers, and NBC News reported that former acting U.S. Attorney General Sally Yates will lead the review.
Andrew Miltenberg, another attorney for Lopes, said he welcomed the review. He said Cornell’s investigations have generally been thorough but that his firm has seen due process problems, and that Lopes’s side disagrees with the outcome of the university’s decision on him.
Political Reaction
Hochul’s office reiterated its support for James after the petition was filed and pointed to her earlier remarks. Last week, the governor said she had every confidence James would look at the facts and examine the record.
President Donald Trump also weighed in. According to a TNND report, he criticized James and said the accused men would not be treated fairly. The report noted that Trump and James have feuded for years, dating to her civil fraud case against him.
What Happens Next
The Albany County court must now decide how to handle the petition. The sources reviewed do not report a hearing date or a ruling. Meanwhile, the investigation James was appointed to lead is expected to continue unless a court says otherwise, though that depends on what the judge decides.
No criminal charges have been filed against any of the seven men. Whether charges are brought will depend on the evidence the special prosecutor gathers and, if the case goes that far, on a grand jury.
Frequently Asked Questions
Who filed the petition against Letitia James?
Gillio Lopes, one of seven men named in the civil lawsuit, filed it through his attorney in Albany County Supreme Court on Wednesday. He denies the allegations.
What does the petition ask the court to do?
It asks the court to review the appointment and to annul or modify it, so James is not personally directing the investigation or any prosecution.
Why did Gov. Hochul appoint James?
Hochul said newly released information raised serious questions about the Cornell Police investigation and the district attorney’s decision not to prosecute.
Has anyone been criminally charged?
No. NBC News and other outlets report that none of the seven men named in the civil suit has been criminally charged.
Is Cornell reviewing its own handling of the case?
Yes. Cornell agreed to an independent review of how it handled the allegations, and NBC News reports it will be led by former acting U.S. Attorney General Sally Yates.
