Defendant seeks Letitia James’s removal over alleged bias in Cornell case
Gillio Lopes, a defendant in a civil case stemming from alleged sexual assaults at Cornell University, has asked a judge to remove New York Attorney General Letitia James as special prosecutor. His lawyers argue that James appeared to presume the defendants’ guilt when she publicly expressed support for the woman who brought the case, raising concerns about impartiality.
Governor Kathy Hochul appointed James to oversee the matter after local prosecutors said there was insufficient evidence to bring criminal charges. The woman, identified in court papers as Jane Doe, alleges that seven Chi Phi fraternity members assaulted her at an off-campus house in October 2024 after she was given drugs and alcohol; the men deny wrongdoing. Cornell has also hired former acting US attorney general Sally Yates to conduct an independent review.
- Gillio Lopes seeks to have Letitia James removed from the case.
- His lawyers cite her public message supporting the alleged victim.
- The defendants deny wrongdoing and were not criminally charged.
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A defendant in a civil case has asked a judge to remove the special prosecutor overseeing his case, arguing she is biased against him. The prosecutor, New York Attorney General Letitia James, has publicly supported the woman bringing the case, which he says shows she has already decided he is guilty before hearing the evidence.
Seven men, members of the Chi Phi fraternity at Cornell University, are accused of assaulting a woman at an off-campus house in October 2024. The woman claims she was given drugs and alcohol before the alleged assault; the men deny any wrongdoing.
Governor Kathy Hochul appointed James to handle the case as a special prosecutor after local prosecutors concluded there was insufficient evidence for criminal charges. The question now before the court is whether her public statements of support for the woman she is meant to evaluate impartially mean she cannot fairly oversee the case.
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The case for
Lopes's legal team argues that a special prosecutor must maintain scrupulous impartiality, and James's public expressions of support for the accuser create a reasonable appearance that she has prejudged the case before fairly evaluating the evidence. They contend that defendants cannot receive a truly impartial hearing when the prosecutor has signalled her sympathies in advance, undermining confidence in the process itself.
The case against
Those defending James's position argue that expressing support for sexual assault survivors as a matter of principle does not necessarily indicate bias in evaluating the specific facts of this particular case. A prosecutor can hold principled views about supporting victims whilst exercising professional objectivity in individual matters; removing her based on such statements could improperly constrain prosecutors' ability to advocate for survivors and set a troubling precedent.
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Originally published by Daily Mail as “Cornell probe defendant demands Letitia James be removed as special prosecutor, claiming attorney general ‘unequivocally demonstrated a bias’”.