Lawyers for a man accused in the Cornell case ask a judge to remove Letitia James as special prosecutor

Attorneys for Gillio Lopes, one of seven former Cornell fraternity members named in a sexual assault lawsuit, want a judge to take New York Attorney General Letitia James off the criminal investigation.

In a petition filed Wednesday, Lopes' lawyers asked the court to void Gov. Kathy Hochul's appointment of James as special prosecutor or to limit her personal role in the case.

The post at the center of the petition

The filing points to a Sept. 28 message on the attorney general's official social media accounts, posted a few days before her appointment. In it, James called the alleged victim's experience horrific and unacceptable and said she stood with her and with all survivors.

Lopes' attorneys argue the post suggests James may have formed a view of the allegations before she was assigned to investigate them. The petition acknowledges that James later promised a full and fair investigation guided by the facts and the law. His lawyers say that assurance does not erase their concerns.

"This is neither personal nor political," the petition says.

What the defense wants

The filing does not ask the court to stop the investigation. Instead, it asks for a new special prosecutor with no actual or perceived bias against Lopes or the other accused men.

A former Cornell student has sued the university, the Chi Phi fraternity and seven former members, including Lopes. She alleges she was drugged and sexually assaulted by several men at the Chi Phi house in October 2024. Hochul later signed an executive order giving James' office control of the investigation and any prosecution. No one has been criminally charged and the men have not been found responsible for any crime.