Cornell Rape Suit Defendant Acts to Oust James as Probe Lead (2)

Key Points:

• Gillio Lopes, a defendant in a civil lawsuit over a 2024 alleged gang rape at a Cornell fraternity, filed a petition seeking to remove New York Attorney General Letitia James as special prosecutor, claiming she has demonstrated bias against the defendants.
• The petition argues that James' public statement expressing support for the alleged victim before her appointment shows prejudice and a presumption of guilt, which could compromise the fairness of the investigation.
• Governor Kathy Hochul appointed James as special prosecutor after the Tompkins County District Attorney declined to prosecute initially, but Lopes' attorneys contend this appointment exceeds the governor's jurisdiction and should be voided under New York’s Article 78 law.
• The petition requests the court to disqualify James based on New York’s strict standard requiring proof of actual prejudice or an objective basis to question prosecutorial impartiality, citing James' prior public comments as evidence.
• James’ office declined to comment on the petition but reaffirmed its commitment to an independent investigation guided by facts and the law.