Story summary
Gillio Lopes, one of seven men named in a lawsuit by a former Cornell University student alleging sexual assault at the Chi Phi fraternity house, is petitioning to block New York Attorney General Letitia James from her role as special prosecutor. The petition, filed against James and Governor Kathy Hochul in Albany County Supreme Court, argues that James has demonstrated bias based on past social media posts supporting the accuser, known as Jane Doe. Lopes' attorney claims this diminishes public confidence in the investigation's impartiality.
Hochul appointed James to investigate after losing faith in the Cornell University Police Department and Tompkins County District Attorney, who declined to bring charges previously. The petition seeks a new prosecutor "who is free from actual or perceived conflicts of interest or bias." James' office has not commented on the filing but maintains that her investigation will be guided by facts and law.
Critics like Rensselaer County Executive Steven McLaughlin argue James lacks impartiality, citing past prosecutions where defendants were acquitted. The legal challenge centers on a social media post from September 28 when James called Jane Doe's experience "horrific" and expressed support for her as a survivor.
Written for “Cornell 7 Special Prosecutor” on 2026-10-08,
grounded in this article and the 7 other(s) covering the same event.
Accused Cornell fraternity member pushes to remove New York AG as special prosecutor over alleged bias
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member → accuse → bias
An attorney for the student pointed to one of Letitia James' social media posts.
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attorney → point → posts
One of the men accused in a "gang rape" at Cornell University is pushing to have New York Attorney General Letitia James thrown off the case, arguing that she "demonstrated a bias and presumption of guilt" through a past social media post.
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she → accuse → post
An attorney for student Gillio Lopes asked an Albany court to void Gov. Kathy Hochul's appointment of James as special prosecutor in the case, as well as force the appointment of a new prosecutor "who is free from actual or perceived conflicts of interest or bias."
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who → ask → interest
Lopes' attorney also pushed back on the details of the accusations made by the Jane Doe, saying her story "changed significantly" over time.
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story → push → time
Doe's lawyer has in turn said those arguments are self-serving.
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arguments → say → turn
Hochul appointed James to investigate the case last week after saying she lost confidence in the Cornell University Police Department and the Tompkins County District Attorney, who had previously declined to bring charges in the case
The legal push to remove James from the case centers on a social media post from last month when James signaled her solidarity with Jane Doe.
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James → appoint → Doe
"What this young woman has been forced to endure is horrific and unacceptable.
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forced → force → What
I'm holding her in my heart and in my prayers.
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I → hold → prayers
We stand with you," James said on social media on Sept. 28 commenting on a news article about the case.
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James → stand → case
James declined to comment on the post during a press conference last week.
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James → decline → conference
"I will not comment on a Facebook post," she told reporters.
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she → comment → reporters
She has not otherwise commented.
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She → comment → ?
But Hochul defended the decision to appoint her.
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Hochul → defend → her
"I have every confidence in our attorney general to do what she has always done.
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she → do → what
That's exactly what's going to happen in this case," Hochul said.
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Hochul → go → case
Attorney Andrew Miltenberg, who's representing Lopes, argued in the court filing that James' social media statement about Jane Doe was enough to justify voiding the appointment.
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statement → represent → appointment
"Through this official public statement, Attorney General James has made clear that she has formed an opinion about the case, that she believes the allegations made by Jane Doe, and that she has already reached the conclusion that Petitioner and the other named Defendants are guilty," he wrote.
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he → make → conclusion
Thomas Giuffra, the attorney representing Jane Doe, said she was in no condition to consent.
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she → represent → condition
They were loading her up with ketamine.
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They → load → ketamine
They were loading her up with -- she was drunk before she walked in the door," Giuffra told ABC News.
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Giuffra → load → News
Lopes was suspended for one year after being found responsible for participating in the sexual activity when Doe was "incapable of conveying consent," according to Miltenberg.
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Doe → suspend → Miltenberg
Lopes was also ordered to take "an educational restorative class" and submit an essay.
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Lopes → order → essay
He has since continued his education at Cornell.
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He → continue → Cornell
In an interview with ABC News on Thursday, Miltenberg argued that James' past statement as well as the current public attention on the case makes it impossible for his client to be treated fairly.
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client → argue → case
"By saying what she said, posting what she posted several days later, you could reasonably read that as her, Letitia James, having accepted the factual premise of the allegations," he said.
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he → say → allegations
In the interview with ABC News, Miltenberg pushed back on what he described as "a nonstop barrage" of misleading information about his client.
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he → push → client
"I think that his life and the lives of the other young men has already been destroyed in the court of public opinion," said Miltenberg.
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Miltenberg → think → opinion
"I don't know how he ever overcomes this.
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he → know → this
He has been absolutely condemned by public opinion on social media, and that's a significant issue."
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that → condemn → media
Miltenberg pointed to a now-viral exchange when Lopes was accosted on Cornell's campus earlier this month.
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Lopes → point → campus
"Are you like not embarrassed to be here?" a woman asked Lopes in the video.
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woman → ask → video
The case has rocked the university and started conversations about treatment of alleged sexual assault on college campuses.
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case → rock → campuses
The woman at the center of the Cornell case, a former student identified only as Jane Doe, originally made a complaint to campus police in November 2024, three weeks after the incident occurred.
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incident → identify → November
The Tompkins County district attorney, Matthew Van Houten, reviewed a summary of the woman's statement that same month and decided based on that information that although the conduct in the case was "morally disturbing," it did not constitute a crime.
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it → review → crime
Van Houten reopened the case on Sept. 27 after speaking with Jane Doe and her lawyer in the wake of a civil suit being filed alleging that she had been drugged and raped.
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she → reopen → suit
The men have denied all wrongdoing.
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men → deny → wrongdoing
Jane Doe has alleged that Lopes sexually assaulted her and later snorted ketamine from her body.
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Lopes → allege → body
Miltenberg denied the ketamine use and argued that the sexual activity was consensual.
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activity → deny → use
Miltenberg argued that Jane Doe's account has "morphed almost dramatically" since she first told police about the incident.
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she → argue → incident
…and 2 more, not listed.
The Aporia
