A court petition challenges Letitia James’ impartiality in a reopened sexual assault investigation involving seven fraternity members and allegations dating to 2024.
ALBANY, NY — A Cornell University fraternity member accused in a sexual assault lawsuit has asked a New York court to remove Attorney General Letitia James as special prosecutor, arguing that her public comments about the woman who brought the allegations show she has already formed an opinion about the case.
Gillio Lopes, one of seven men named in a civil lawsuit alleging a sexual assault at Cornell’s Chi Phi fraternity house in October 2024, filed the petition Wednesday, Oct. 7, in state Supreme Court in Albany County. His attorney, Andrew Miltenberg, argues that James’ statements supporting the accuser raise serious questions about whether she can oversee an impartial criminal investigation. The filing challenges Gov. Kathy Hochul’s decision to appoint James after criticism of the original investigation by local authorities. No criminal charges have been filed against the seven men, and Lopes has denied the sexual assault allegations.
The legal challenge centers on a Sept. 28 social media statement James made before becoming special prosecutor. Referring to the woman who filed the lawsuit, James wrote, “What this young woman has been forced to endure is horrific and unacceptable.” She also expressed support for the woman and other survivors of sexual violence. Lopes’ attorney argues that the language went beyond expressing sympathy and suggested James had accepted the allegations as established facts before reviewing the evidence as prosecutor.
In the petition, Miltenberg contends that James demonstrated a presumption of guilt toward the men named in the lawsuit. He argues that her public description of the woman’s experience and her use of the term “survivors” create concerns about the independence of the investigation. The filing seeks to invalidate James’ appointment and have Hochul select another special prosecutor without actual or perceived conflicts of interest. The request does not seek to stop the criminal investigation itself.
The petition uses an Article 78 proceeding, a New York legal process that allows courts to review certain actions by government officials and agencies. It also cites an earlier court decision addressing the circumstances under which a prosecutor may be disqualified. That decision established a demanding standard for removal, including actual prejudice from a conflict of interest or a substantial risk of abuse of confidence. The court must determine whether the concerns raised by Lopes’ legal team justify intervention. The filing alone does not establish that James is biased or that her appointment was unlawful.
Hochul appointed James as special prosecutor on Oct. 2 after expressing a loss of confidence in Tompkins County District Attorney Matthew Van Houten’s handling of the original allegations. At a news conference, the governor criticized the local investigation and questioned why more had not been done to examine the woman’s account. Hochul defended her choice of James, saying she trusted the attorney general to review the evidence and reach conclusions based on the facts. James has also said her office would conduct a fair investigation guided by the facts and the law. A spokesperson for James declined to comment on the petition, according to The Associated Press.
The underlying case concerns allegations made by a former Cornell student identified in court records as Jane Doe. In a lawsuit filed Sept. 16, she alleged that fraternity members gave her alcohol and drugs before multiple men sexually assaulted her at the Chi Phi house during the night of Oct. 19 and early hours of Oct. 20, 2024. The lawsuit names seven men, Cornell University, the fraternity and other defendants. The allegations remain disputed. Attorneys for some of the accused men have denied that their clients participated in sexual assault, and some men previously told university investigators that sexual activity was consensual or that they were not involved.
The woman reported the alleged incident to Cornell University police in November 2024, but prosecutors did not bring criminal charges. Van Houten has said his office reviewed a six-page police summary and concluded that the information did not support criminal prosecution. The woman’s attorney, Thomas Giuffra, has challenged that account, saying the summary omitted important details about her statements to investigators. Giuffra also told The Associated Press that the woman was given the impression that the criminal investigation remained active even after prosecutors had decided not to proceed. Van Houten later reopened the case following renewed public scrutiny, before Hochul transferred authority to James.
Cornell conducted a separate disciplinary investigation after the woman reported the allegations. The university closed its Chi Phi chapter in 2024 and imposed sanctions on students, including expulsions and suspensions. Those disciplinary decisions are separate from the criminal investigation and do not amount to criminal convictions. Reports about the university’s handling of the case have prompted questions about whether its procedures adequately addressed the allegations and whether its disciplinary measures were appropriate. Lopes reportedly received a suspension and disciplinary probation. He has continued to deny the sexual assault allegations.
The case has also sparked protests at Cornell’s Ithaca campus. Students have organized demonstrations and sit-ins calling for stronger responses to sexual violence and greater accountability in university disciplinary proceedings. Faculty members have raised concerns about the administration’s handling of the matter, including a proposed no-confidence vote. Cornell has brought in former U.S. Deputy Attorney General Sally Yates to conduct an independent review of its response to sexual misconduct complaints, including disciplinary procedures and campus police practices.
The dispute over James’ appointment now adds a separate legal question to an already contested investigation. The woman’s attorney has supported the decision to replace the local prosecutor, while Lopes’ defense argues that a different official should lead the inquiry to protect its fairness. As of Oct. 8, no court ruling on Lopes’ petition had been confirmed in the reviewed reporting. James remains the appointed special prosecutor, and no criminal charges have been announced. The next major development will depend on the court’s consideration of the petition and the continuing investigation.
Author note: Last updated October 8, 2026.