One of seven men named in the lawsuit filed by a former Cornell University student who alleges she was sexually assaulted in an on-campus fraternity house has filed a motion to block the appointment of New York Attorney General Letitia James as special prosecutor in the case.
The attorney for Gillio Lopes, who has denied sexually assaulting the woman, filed a motion Wednesday in Albany County Supreme Court. Her filing says James should not be the prosecutor in the case because she has “unequivocally demonstrated bias and a presumption of guilt against the named defendants in the civil case.”
The Section 78 petition, filed against James and Governor Kathy Hochul, is a proceeding used to challenge an action of an official or agencies of state or local government in New York.
Hochul appointed James last week to independently investigate Jane Doe’s allegations in the lawsuit, in which she claims she was the victim of drunkenness, sexual assault and gang rape at the Chi Phi fraternity house in October 2024. In his role, James will determine whether criminal charges are warranted.
James’ office declined to comment on the Section 78 filing.
In a statement Monday, James said, “My office enforces our state’s laws to protect all New Yorkers. I am committed to conducting a thorough investigation they can trust, guided only by the facts, evidence and the law.”
Hochul’s office reiterated its support for James on Wednesday.
Contacted for comment on Lopes’ record, the governor’s office referred to his comments last week.
“I have every confidence in our attorney general to do what she has always done: look at the facts, review the record and draw the appropriate conclusions. That is exactly what is going to happen in this case,” Hochul said at the time.
Hochul named James after he expressed dismay over Tompkins County Prosecutor Matthew Van Houten’s investigation into Doe’s allegations. He said his office saw a lack of criminality at the time and declined to press charges, but he reopened the case after the trial sparked a national outcry.
Jane Doe’s civil suit was filed last month against Cornell, Chi Phi and seven fraternity brothers. None of the men named have been criminally charged.
The fraternity was suspended from campus and remains banned.
Cornell said in a Sept. 28 statement that it conducted an extensive, months-long Title IX investigation in 2024, which issued “a range of sanctions, including expulsions and suspensions” from the university. Two members of the fraternity were expelled and two others were suspended. A third, who had already graduated, was barred from campus, and the final two were given restraining orders and required to write “reflection papers,” according to a source who saw the Title IX investigation’s written decision.
Lopes’ filing argues that James’ appointment is “inappropriate” and cites a post his office shared on X on September 28, three days before his appointment was announced. In her message, she said: “What this young woman was forced to endure is horrific and unacceptable. I hold her in my heart and in my prayers. To her and all survivors: you are not alone. We stand with you.”
The message, the petition claims, “clearly indicated that she had formed an opinion on the matter” and that “she had already come to the conclusion that petitioner and the other named defendants were guilty.”
The motion also seeks for the court to review James’ appointment and request that her appointment be vacated or modified so that she does not personally direct the resulting investigation or prosecution.
Stuart Bernstein, Lopes’ attorney, said Wednesday: “As Governor Hochul said, the public needs confidence in the person leading this investigation. AG James, based on his very public statements validating Jane Doe, certainly does not inspire confidence in a fair investigation.”
In her lawsuit, Doe accuses Lopes of kissing and sexually assaulting her without her consent.
Lawyers for two of the seven men, including Lopes, have denied to NBC News that they sexually assaulted Doe. The attorney for a third man denied the allegations to ABC News. NBC News did not receive responses to requests for comment from the other men.
On Tuesday, Andrew Miltenberg, Lopes’ lawyer, said he welcomed Cornell’s decision to conduct an independent review of its handling of Doe’s allegations, which will be led by former acting U.S. Attorney General Sally Yates.
“In our experience, Cornell’s investigations have generally been thorough. That said, we have also found due process issues that have affected defendants, and on at least two occasions we have gone to Federal Court to attempt to resolve those issues. In this case, we disagree with the outcome regarding Mr. Lopes,” Miltenberg said.
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