In a significant legal development, Gillio Lopes, one of the seven defendants named in a lawsuit by a former Cornell University student, has submitted a petition to the Albany County Supreme Court seeking to block the appointment of New York Attorney General Letitia James as a special prosecutor in the case.
The lawsuit alleges that the student, identified as Jane Doe, was sexually assaulted at a fraternity house on campus in October 2024. Lopes’ attorney argues that James has shown bias against the defendants, asserting that her statements indicate a presumption of guilt. The petition, filed on Wednesday, contends that James’ involvement is improper due to her public comments and social media posts expressing sympathy for the alleged victim.
The move comes after Governor Kathy Hochul appointed James to conduct an independent investigation into Doe’s accusations, which include claims of being intoxicated, sexually assaulted, and gang-raped at the Chi Phi fraternity house. As special prosecutor, James is tasked with determining if there are grounds for criminal charges against the individuals named in the lawsuit.
James’ office has refrained from commenting on Lopes’ petition, while she has emphasized her commitment to an evidence-based investigation that upholds the rights of all New Yorkers. Hochul has expressed her support for James, stating, “I have 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.”
The allegations have garnered significant public attention, prompting Hochul to appoint James following concerns regarding the initial investigation conducted by Tompkins County District Attorney Matthew Van Houten. His office had previously concluded that there was insufficient evidence to pursue charges, but the ongoing controversy surrounding the lawsuit has led to a renewed examination of the case.
The civil suit, filed last month, targets not only Cornell University and the Chi Phi fraternity but also the seven fraternity brothers. Notably, none of the individuals named in the suit have faced criminal charges to date.
In an assertion of accountability, Cornell University suspended the Chi Phi fraternity, making it clear that the organization is banned from operating on campus. The university has stated that an extensive Title IX investigation in 2024 led to various sanctions, including expulsions and suspensions of certain fraternity members involved in the incidents related to the lawsuit.
Lopes’ petition references a social media post made by James shortly before her appointment, which stated, “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.” The petition argues that such statements demonstrate James’ pre-formed opinion regarding the case.
Attorneys for Lopes and some of the other defendants have publicly denied all allegations of sexual assault against Doe. Furthermore, Lopes’ legal representation has expressed support for an independent review of Cornell’s handling of the case by former acting U.S. Attorney General Sally Yates, emphasizing the need for thoroughness and accuracy in the investigation processes involved.
As the situation develops, the implications of Lopes’ challenge to James’ appointment remain to be seen, particularly regarding the ongoing scrutiny surrounding the accusations of sexual violence and the institutional responses involved.
