One of the men accused in a high-profile sexual assault case at Cornell University has requested the removal of New York State Attorney General Letitia James as special prosecutor in the investigation. The petition, filed Wednesday in State Supreme Court in Albany, was submitted by Gillio Lopes, who is among several former fraternity members named in a lawsuit alleging sexual assault.
Lopes’s legal team argued that James’s public comments on social media shortly after the allegations became known demonstrated bias and created a conflict of interest. The attorney for Lopes contended that James’s statement, which expressed sympathy for the accuser and referred to her as a survivor, effectively presupposed the truth of the allegations before her office had formally taken up the reopened criminal investigation. The petition seeks the appointment of a different special prosecutor “free from actual or perceived conflicts of interest or bias” regarding Lopes and the other men involved.
The allegations stem from an incident that the plaintiff, identified as Jane Doe, says began as a consensual sexual encounter on October 19, 2024, but turned into a prolonged drug-fueled assault allegedly involving multiple men inside a fraternity house. No criminal charges have been brought against Lopes or any of the other accused parties, all of whom have denied the accusations.
Gov. Kathy Hochul appointed Attorney General James last week to lead the inquiry after expressing a loss of confidence in the Tompkins County District Attorney Matthew Van Houten’s handling of the case. Van Houten had announced plans to reopen the investigation following public outcry over the initial response. In a news conference alongside James, Hochul voiced concerns about the original local law enforcement response and affirmed her confidence in the attorney general’s ability to conduct an impartial review.
Prior to the criminal investigation reopening, Lopes was suspended from Cornell following a university disciplinary process that ended in May 2025. According to university discipline records, a panel convened over a series of hearings and imposed a three-semester suspension and two years of probation. Despite the suspension, Lopes has remained on campus in recent weeks, though his lawyer indicated he is considering leaving.
The case has provoked widespread debate about sexual violence on college campuses and the adequacy of institutional responses. After the allegations became public, James posted a statement on social media expressing solidarity with Jane Doe and all survivors of sexual assault, describing what Doe endured as “horrific and unacceptable.”
Legal ethics experts have offered differing perspectives on the recusal request. Stephen Gillers, a professor at New York University School of Law, acknowledged that James’s remarks “skirted around the limitation of what she can say and do as a prosecutor” but noted they remained within acceptable boundaries. He also said greater caution would have been preferable given the sensitivity and high profile of the case.
Requests for comment from the offices of the attorney general and the governor had not been immediately returned. The proceedings surrounding the recusal request and ongoing investigation add a new dimension to an already complex and closely watched case that continues to reverberate across the Cornell community.