‘She’s biased’: Cornell sex assault accused seeks removal of NY AG Letitia James as special prosecutor

An attorney for one of the men accused in the alleged Cornell fraternity sexual assault case has asked a New York court to remove Attorney General Letitia James as special prosecutor, arguing that her public comments show she may be biased against the accused.Gillio Lopes, one of seven men named in a civil lawsuit filed by a former Cornell University student, submitted a petition in New York State Supreme Court on Wednesday seeking to void James’ appointment or limit her personal involvement in the investigation.His lawyers have also asked New York Governor Kathy Hochul to appoint a different special prosecutor.The former student, identified as Jane Doe in the lawsuit, has alleged that she was drugged and sexually assaulted by members of the Chi Phi fraternity in October 2024. Lopes has dismissed the allegations through his attorney.Lopes’ lawyers are challenging James’ appointment based in part on a statement she posted on the New York attorney general’s official X account days before Hochul appointed her to oversee the case.“What this young woman has been forced to endure is horrific and unacceptable,” James wrote, adding that she stood with the alleged victim and “all survivors.”The petition argues that the statement showed James had already formed an opinion about the allegations before conducting an investigation.Lopes’ attorney Andrew Miltenberg claimed James had effectively indicated that she believed the allegations and had reached a conclusion about the accused men’s guilt.Why was James appointed?Hochul appointed James as special prosecutor after saying she had lost confidence in local prosecutors who had previously declined to bring criminal charges in the case.Tompkins County District Attorney Matthew Van Houten had said his office relied on the investigation conducted by Cornell campus police and explained why charges were not filed in 2024, despite Doe reporting the incident to campus police.Doe later filed a civil complaint in September alleging that she had been drugged with ketamine before being sexually assaulted for several hours at the fraternity house.The complaint also alleges that one of the men sent a Snapchat message to other Chi Phi members referring to the alleged victim.Lopes was suspended by Cornell for three semesters following a university investigation. He has denied the allegations.His lawyers acknowledged that James later said her office would conduct the investigation “fully and fairly” and follow the facts and the law.However, they argued that her earlier public comments still created an appearance of bias.The petition does not seek to stop the investigation. Instead, Lopes’ attorneys want James removed as special prosecutor and a new prosecutor appointed, arguing that the case should be handled by someone without an actual or perceived conflict of interest.You use AI every day. Now get your AI Quotient. Take the AIQ test.