An attorney for Gillio Lopes, one of seven former Cornell fraternity members accused in a sexual assault case, has asked a judge to prevent New York Attorney General Letitia James from leading the criminal investigation.
Lawyers for Mr Lopes filed a petition seeking to overturn Governor Kathy Hochul’s appointment of Ms James as special prosecutor, or to restrict her personal involvement in the case.
The application argues that comments made by Ms James before her appointment created an appearance of bias. On September 28, she wrote on the New York Attorney General’s official social media account that the alleged victim’s experience was “horrific and unacceptable” and that she stood with her and “all survivors”.
Mr Lopes’s lawyers say the statement indicated that Ms James may have reached a view on the allegations before beginning the investigation. They argue that this could undermine confidence in the fairness of the process.
The petition acknowledges that Ms James later said her office would conduct the investigation “fully and fairly” and be guided by the facts and the law. However, the lawyers maintain that the assurance does not remove the concerns raised by her earlier remarks.
“This is neither personal nor political. It is about the integrity of the investigative process,” the petition says.
The application does not seek to halt the investigation. Instead, Mr Lopes’s lawyers want Ms James’s appointment declared invalid and a new special prosecutor chosen without any actual or perceived bias against him or the other accused fraternity members.
The case stems from a lawsuit brought by a former Cornell student against the university, Chi Phi and seven former fraternity members, including Mr Lopes. She alleges that she was drugged and sexually assaulted by multiple men at the Chi Phi fraternity house in October 2024.
Governor Hochul subsequently issued an executive order giving Ms James’s office control of the investigation and any potential prosecution.
