Cornell case defendant petitions to block Letitia James as special prosecutor
In short
Gillio Lopes, one of seven men named in a former Cornell University student's lawsuit alleging she was gang-raped at a fraternity house in October 2024, has filed a petition in Albany County Supreme Court to block New York Attorney General Letitia James's appointment as special prosecutor. The filing says James has shown bias and a presumption of guilt against the defendants; Governor Kathy Hochul's office reiterated its support for James.
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An attorney for Gillio Lopes, one of seven men named in a lawsuit filed by a former Cornell University student, filed a petition in Albany County Supreme Court on Wednesday to block New York Attorney General Letitia James's appointment as special prosecutor in the case, NBC News reported. The filing says James should not be the prosecutor because she has "unequivocally demonstrated a bias and presumption of guilt against the defendants named in the Civil Case." Lopes has denied that he sexually assaulted the woman. The New York Times reported that James voiced an opinion about the investigation before she was named special prosecutor. [ 2 , 3 ]
The petition, filed against James and Governor Kathy Hochul, is an Article 78 proceeding, used in New York to challenge an action by a state or local government officer or agency. James's office declined to comment on it. In a statement on Monday, James said: "My office enforces our state's laws to protect all New Yorkers. I am committed to leading a comprehensive investigation they can trust, guided only by the facts, the evidence, and the law." [ 3 ]
Hochul's office reiterated its support for James on Wednesday and referred to the governor's earlier comments: "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. That's exactly what's going to happen in this case." [ 3 ]
Hochul announced the appointment with James at a Manhattan press conference on Friday, saying she had lost faith in the local district attorney's ability to investigate the woman's allegations, Bloomberg reported. "She'll follow the facts, she'll examine the evidence and go wherever it leads," Hochul said. In the role, James will determine whether criminal charges are warranted. [ 1 , 3 ]
The former student, identified as Jane Doe, says in her lawsuit that she was plied with alcohol, sexually assaulted and gang-raped at the Chi Phi fraternity house in October 2024. Hochul appointed James after expressing dismay over Tompkins County District Attorney Matthew Van Houten's investigation; Van Houten has said his office found a lack of criminality at the time and declined to press charges. [ 3 ]
Why it matters
James was appointed to decide whether criminal charges are warranted after Hochul said she had lost faith in the local district attorney, so the challenge could affect who leads the criminal investigation. The petition, filed against both James and Hochul, puts the state's handling of the case before a court.
Key facts
- Gillio Lopes, one of seven men named in the civil lawsuit, filed an Article 78 petition in Albany County Supreme Court to block Letitia James's appointment as special prosecutor. [ 3 ]
- The petition says James has "unequivocally demonstrated a bias and presumption of guilt against the defendants named in the Civil Case." [ 3 ]
- Lopes has denied that he sexually assaulted the woman. [ 3 ]
- Governor Kathy Hochul appointed James to take over the investigation after saying she had lost faith in the local district attorney. [ 1 , 3 ]
- The former student, Jane Doe, alleges she was plied with alcohol, sexually assaulted and gang-raped at the Chi Phi fraternity house in October 2024. [ 3 ]
- Tompkins County District Attorney Matthew Van Houten has said his office found a lack of criminality at the time and declined to press charges. [ 3 ]
- James's office declined to comment on the filing; Hochul's office reiterated its support for James. [ 3 ]
Confirmed by several sources
- Governor Kathy Hochul named Attorney General Letitia James to take over the investigation of the Cornell rape allegations. [ 1 , 3 ]
- A lawyer for one of the men named in the case is seeking James's removal as prosecutor. [ 2 , 3 ]
- The allegations concern a sexual assault of a Cornell student at a university fraternity in 2024. [ 1 , 2 , 3 ]
Still unclear
- Whether the court will block James's appointment. The documents report only that the petition was filed; no ruling is reported.
- What opinion James voiced about the investigation before she was named special prosecutor. The New York Times summary says she voiced an opinion but does not say what it was.
What local media are saying
Timeline, local time
- Bloomberg reports that Hochul turned to James to take over the Cornell rape investigation. [ 1 ]
- The New York Times reports that a lawyer for one of the men wants James to step down from leading the investigation. [ 2 ]
- NBC News reports that Gillio Lopes filed a petition in Albany County Supreme Court to block James's appointment. [ 3 ]