Cornell defendant is fighting AG Letitia James’ appointment as special prosecutor
NBC News · LC · trust 18/100
The attorney for Gillio Lopes, who has denied that he sexually assaulted the woman, filed a petition in Albany County Supreme Court on Wednesday. His filing says James should not be the prosecutor in the case because she has “unequivocally demonstrated a bias and presumption of guilt against the defendants named in the Civil Case.”
The Article 78 petition, filed against James and Gov. Kathy Hochul, is a proceeding used to challenge an action by a state or local government officer or agencies in New York.
Add to Google ‘Everybody is here for her’: Cornell students stage sit-in for Jane Doe 04:30 Hochul appointed James last week to independently investigate Jane Doe’s allegations in the lawsuit, in which she says she was plied with alcohol, sexually assaulted and gang-raped at the Chi Phi fraternity house in October 2024. In her role, James will determine whether criminal charges are warranted.
James’ office declined to comment on the Article 78 filing.
In a statement Monday, James said: “My office enforces our state’s laws to protect all New Yorkers. I am committed to leading a comprehensive investigation they can trust, guided only by the facts, the evidence, and the law.”
Hochul’s office reiterated support for James on Wednesday.
Reached for comment on Lopes’ filing, the governor’s office referred to her comments last week.
“I have every confidence in our Attorney General to do what she has always done: look at the facts, examine the record and draw the proper conclusions. That’s exactly what’s going to happen in this case,” Hochul said at the time.
Gov. Kathy Hochul appointed James as special prosecutor last week to independently investigate Jane Doe’s claims of being plied with alcohol and gang-raped at the Cornell University Chi Phi fraternity house in 2024. Heather Ainsworth for NBC News Hochul appointed James after she expressed dismay over Tompkins County District Attorney Matthew Van Houten’s investigation of Doe’s allegations. He has said his office found a lack of criminality at the time and declined to press charges, but he reopened the case after the lawsuit sparked national uproar.
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 it remains barred.
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Lopes’ filing argues that James’ appointment is “improper” and cites a post her office shared…
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