Defense attorney questions attorney general’s impartiality as special prosecutor
Fauzia J. Choudhury:
— The renewed investigation into an alleged sexual assault at Cornell University in 2024 is facing a new legal challenge. Attorneys for Gillio Lopes, one of the defendants in a related civil lawsuit, have challenged New York Attorney General Letitia James’ appointment as special prosecutor.
In an Article 78 petition filed in Albany County Supreme Court, Lopes’ attorneys argue that James publicly expressed support for the woman who reported the alleged assault before she was appointed to oversee the criminal investigation. The defense contends that her statements raise questions about her impartiality and create the appearance of potential bias.
Lopes has denied the allegations. No criminal charges have been filed against any of the defendants in connection with the case.
Dispute Over James’ Public Statement
The court filing specifically cites a Sept. 28 social media post by James, in which she described the woman’s reported experience as “horrific and unacceptable” and expressed support for survivors of sexual assault.
Lopes’ attorneys argue that the statement, made shortly before James was appointed special prosecutor, raises concerns about whether she can oversee the investigation impartially. They are asking the court to overturn or modify her appointment.
James’ office has maintained that the investigation will be conducted based on the facts, evidence and applicable law, with the goal of ensuring a thorough and fair review of the allegations.
What Happened at Cornell?
According to allegations in a civil lawsuit, a female Cornell student was allegedly sexually assaulted at the Chi Phi fraternity house in October 2024.
The woman, identified in court documents as Jane Doe, filed a civil lawsuit in September 2026 naming seven current or former fraternity members, Cornell University, Chi Phi and other parties.
The defendants have denied the allegations. The claims remain unproven in court.
Why Was a Special Prosecutor Appointed?
New York Gov. Kathy Hochul appointed James as special prosecutor after renewed concerns emerged over the handling of the original investigation.
Tompkins County District Attorney Matthew Van Houten had previously announced that the investigation would be reopened. Under the new arrangement, James’ office will oversee the investigation and determine whether the evidence supports criminal charges.
Cornell’s Position
Cornell University has supported the appointment of a special prosecutor and has initiated an independent external review of how the university handled the allegations.
The university has also taken disciplinary action involving the Chi Phi fraternity, with the chapter’s campus activities suspended.
Court Challenge Pending
The challenge to James’ appointment is now before the Albany County Supreme Court. The court’s decision could determine whether James remains in charge of the investigation or whether changes are made to the special-prosecutor arrangement.
The investigation remains ongoing. No criminal charges have been filed against any defendant, and no one has been convicted of a crime in connection with the allegations.
