Cornell defendant is preventing AG Letitia James’ appointment as particular prosecutor

One of the seven males named within the lawsuit filed by a former Cornell University pupil who alleges that she was sexually assaulted at an on-campus fraternity home has filed a petition to dam New York Attorney General Letitia James’ appointment as special prosecutor in the case.

The legal professional for Gillio Lopes, who has denied that he sexually assaulted the girl, filed a petition in Albany County Supreme Court on Wednesday. His submitting says James shouldn’t be the prosecutor within the case as a result of she has “unequivocally demonstrated a bias and presumption of guilt in opposition to the defendants named within the Civil Case.”

The Article 78 petition, filed in opposition to James and Gov. Kathy Hochul, is a continuing used to problem an motion by a state or native authorities officer or businesses in New York.

Hochul appointed James final week to independently examine Jane Doe’s allegations within the lawsuit, wherein she says she was plied with alcohol, sexually assaulted and gang-raped on the Chi Phi fraternity home in October 2024. In her function, James will decide whether or not legal costs are warranted.

James’ workplace declined to touch upon the Article 78 submitting.

In a press release Monday, James stated: “My workplace enforces our state’s legal guidelines to guard all New Yorkers. I’m dedicated to main a complete investigation they will belief, guided solely by the details, the proof, and the regulation.”

Hochul’s workplace reiterated help for James on Wednesday.

Reached for touch upon Lopes’ submitting, the governor’s workplace referred to her feedback final week.

“I’ve each confidence in our Attorney General to do what she has at all times carried out: take a look at the details, study the document and draw the correct conclusions. That’s precisely what’s going to occur on this case,” Hochul stated on the time.

Hochul appointed James after she expressed dismay over Tompkins County District Attorney Matthew Van Houten’s investigation of Doe’s allegations. He has stated his workplace discovered a scarcity of criminality on the time and declined to press costs, however he reopened the case after the lawsuit sparked nationwide uproar.

Jane Doe’s civil swimsuit was filed final month in opposition to Cornell, Chi Phi and 7 fraternity brothers. None of the boys named have been criminally charged.

The fraternity was suspended from campus, and it stays barred.

Cornell stated in a press release Sept. 28 that it carried out an intensive, monthslong Title IX investigation in 2024 that handed down “a spread of sanctions, which included expulsions and suspensions” from the college. Two of the fraternity members had been expelled, and two others had been suspended. A 3rd, who had already graduated, was barred from campus, and the ultimate two had been issued no-contact orders and required to put in writing “reflection papers,” in accordance with a supply who has seen the written determination of the Title IX investigation.

Lopes’ submitting argues that James’ appointment is “improper” and cites a put up her workplace shared on X on Sept. 28, three days earlier than her appointment was introduced. In the put up, she stated: “What this younger girl has been pressured to endure is horrific and unacceptable. I’m holding her in my coronary heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you.”

The put up, the petition contends, “made clear that she has shaped an opinion concerning the case” and that “she has already reached the conclusion that Petitioner and the opposite named Defendants are responsible.”

The petition additionally seeks to have the court docket assessment James’ appointment and asks that her appointment be annulled or modified so she isn’t personally directing the probe or any ensuing prosecution.

Stuart Bernstein, an legal professional for Lopes, stated Wednesday: “As Governor Hochul has stated, the general public wants confidence within the particular person main this investigation. AG James, primarily based upon her very public statements validating Jane Doe, definitely doesn’t instill confidence in a good investigation.”

In her lawsuit, Doe accuses Lopes of kissing her and sexually assaulting her with out her consent.

Attorneys for 2 of the seven males, together with Lopes, have denied to NBC News that they sexually assaulted Doe. An legal professional for a 3rd man denied the allegations to ABC News. NBC News has not acquired responses to requests for remark from the opposite males.

On Tuesday, Andrew Miltenberg, an legal professional for Lopes, stated he welcomes Cornell’s determination to have an unbiased assessment of its dealing with of Doe’s allegations, which will probably be led by former performing U.S. Attorney General Sally Yates.

“In our expertise, Cornell’s investigations have usually been thorough. That stated, we now have additionally seen due course of issues which have affected respondents, and on no less than two events we now have gone to federal court docket to attempt to tackle these points. In this case, we don’t agree with the result as to Mr. Lopes,” Miltenberg stated.