Cornell Accused Seeks Dismissal of New York AG Over Gang-Rape Case

Cornell fraternity brother Gillio Lopes is moving to oust New York Attorney General Letitia James from his case today. He claims her recent statements prove she lacks the impartiality required for a special prosecutor role. The dispute centers on an October 2024 allegation that seven Alpha Chi brothers gang-raped a student at a party. Lopes is one of the accused in a civil lawsuit that has drawn national attention.

Before Governor Kathy Hochul appointed James as special prosecutor earlier this month, the AG issued a public statement supporting the alleged victim. That student filed her suit under the pseudonym Jane Doe. In that post, James described Doe as a survivor and declared her office stood with the woman. She affirmed the allegations as fact. Lopes’s legal team argues this language disqualifies her from handling the investigation objectively.

Attorney Andrew Miltenberg filed a request for James’s immediate removal. He warned that delaying this move could taint future trials. Specifically, he cited concerns about James controlling witness interviews and gathering evidence. The Sullivan County court in upstate New York is set to hear the motion on Thursday. James has pushed back against these claims. She maintains her comments were not evidence of bias. Instead, she characterized them as a simple display of empathy for the student involved.

At the hearing, Lopes’s attorney Stuart Bernstein painted a sharper picture for the judge. He stated that James failed her obligation to investigate without prejudice. Bernstein told the court that the state, not the defense, introduced political elements into the proceedings. He insisted the defense does not want the court to supervise the investigation. Rather, they seek to restore public confidence in an objective process.

Bernstein argued that James is not the right person for this job. He described the situation as a perfect storm for removing her from the case. The attorney explicitly asked the judge to send the matter back to the governor. He did not ask the court to select a replacement. He simply requested the court rule that James’s appointment does not work.

James’s office responded to the removal filing with a sharp rebuttal. They dismissed the effort as procedurally defective and substantively meritless. The statement noted that Lopes relies on a single social media post to prove his fears. They called these claims speculative and conclusory. They argued such assertions are based entirely on mischaracterizing the AG’s statements and do not constitute sufficient hardship.

Governor Hochul has defended her decision to appoint James. Speaking at a press conference earlier this month, she expressed every confidence in her attorney general. Hochul said James will look at the facts and examine the record. She promised that James will draw the proper conclusions. That is exactly what will happen in this case, the governor assured.