Cornell man accused of gang rape by Jane Doe sues to remove Letitia James as special prosecutor over ‘substantial prejudice,’ hearing set for October 29

The lawsuit was brought forward on Wednesday by Gillio Lopes, a former Cornell University student who was named by Jane Doe as one of the seven men who allegedly sexually assaulted her nearly two years ago. It comes after Governor Kathy Hochul earlier in the month appointed James as special prosecutor to investigate the allegations laid forth in the civil suit Doe filed in late September.

The suit stated, “The appointment of Attorney General James is improper as Attorney General James has unequivocally demonstrated a bias and presumption of guilt against the defendants named in the Civil Case, including Petitioner.” It cites a social media post made by the Attorney General’s official X account three days prior to her appointment, which stated, “What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you.”

The suit continued, “Through this official public statement, Attorney General James has made clear that she has formed an opinion about the case, that she believes the allegations made by Jane Doe, and that she has already reached the conclusion that Petitioner and the other named Defendants are guilty.”

Doe filed a suit in late September alleging that she had been coerced to consume alcohol and drugs and was sexually assaulted for hours on the night of October 19, 2024 at the Chi Phi fraternity house on campus by multiple men. Doe had not reported the incident to police until November, and charges were not pursued at the time because the district attorney said her statement to police said the drug use and sexual activity had been described as “voluntary, conscious, and consensual.” A Cornell investigation resulted in multiple expulsions and suspensions, and the Chi Phi chapter was barred from campus.

The district attorney said after Doe’s suit was filed that his office would be reopening the case, noting that the allegations were significantly different than those initially reported to police. Days later, James was appointed as a special prosecutor by Hochul.

Lopes’ suit claims that James’ September 28 social media comments “made clear that she has already: (i) formed an opinion about the case, (ii) that she believes the allegations made by Jane Doe against Petitioner and others, and considers Doe to be a victim; and (iii) she has formulated opinions about Petitioner’s and the other defendants’ guilt, before she has even begun the task of investigating the incident.”

“Her own words indisputably establish that Attorney General James is not and cannot remain neutral in investigating this matter and determining whether to prosecute. Allowing her to remain in the role as Special Prosecutor will result in substantial prejudice to Petitioner, as well as the other named defendants.”

In a filing on Friday, Justice James Farrell ordered that Hochul and James show cause on why an order not be issued removing the attorney general from the case in a hearing to take place on October 29.

Attorney Andrew Miltenberg told LA Magazine, “The court has signed our order to show cause and scheduled a hearing for October 29. This is an important development because it gives the court an opportunity to consider our concerns directly and ensures that the issues we raised will receive a full and fair hearing. That is the procedural step we sought, and we welcome the opportunity to present our arguments.”

Gillio Lopes Suit by Hannah Nightingale