A New York judge is weighing whether Attorney General Letitia James should be removed from investigating sexual assault allegations at Cornell University, after defense attorneys argued her social media posts demonstrated bias against the accused fraternity members.
Acting Supreme Court Justice James Farrell presided over a contentious hearing Thursday in Monticello, New York, addressing a petition filed by Gillio Lopes, one of seven former Cornell University fraternity members accused in a high-profile sexual assault lawsuit by a student identified as Jane Doe. The plaintiff alleged that several men gang-raped her at the Chi Phi fraternity house in October 2024, plying her with alcohol and ketamine until she was too intoxicated to consent.
CORNELL SEVEN 🚨 A big day in the case, both in court and on Netflix.@Conlin_Lauren is at the Sullivan County courthouse today for the first oral arguments to remove NY Attorney General Letitia James as special prosecutor in the Cornell Seven investigation.Attorney Andrew… pic.twitter.com/d8fYE6iEIE
Gillio Lopes Challenges Letitia James’ Appointment
Lopes’ legal team argued that New York Attorney General Letitia James is not viable as an independent prosecutor in the ongoing criminal probe. Attorneys Stuart Bernstein and Andrew Miltenberg pointed to a public statement James published on social media just three days before Gov. Kathy Hochul named her as special prosecutor.
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.
Letitia James, New York Attorney General, via NBC News
Miltenberg told reporters outside the courthouse that the attorney general has shown she is biased and failed in her obligation to represent all citizens fairly. The defense petition contends those digital remarks demonstrate a pre-existing presumption of guilt.
Before being appointed special prosecutor in the Cornell case, New York Attorney General Letitia James posted a message of support for Jane Doe on Facebook, calling what she had “been forced to endure” horrific and telling her, “We stand with you.”James was later questioned… https://t.co/vwzO0Dc1cZ pic.twitter.com/VDUsE3ScSh
Judge Farrell Questions Defense Joinder and Legal Grounding
During more than an hour of arguments, Judge Farrell expressed skepticism toward both sides of the legal battle. He pressed the defense on why the other six men named in the civil lawsuit had not joined the petition seeking James’ disqualification.
It’s not just your client. There are six other people. They’re not part of this litigation. Why?
Justice James Farrell, Sullivan County Supreme Court, via CNN
Farrell presented a hypothetical scenario asking whether removing James for one defendant would result in multiple prosecutors handling different defendants in the same multi-suspect case. He granted Lopes’ attorney until November 5 to submit additional legal briefs on the remaining defendants’ positions regarding joinder.
Cornell Seven: The Fight to Remove Letitia James 🧵Media and attorneys are now waiting outside of the courtroom on the second-floor. Andrew Miltenberg and his team ( representing Gillio Lopes) just walked in and are hanging out in the hallway with everyone. I'm now hearing…
Assistant Attorney General Kaitlin Vigars defended the state’s position in court, arguing that actual prejudice must be demonstrated to disqualify a prosecutor and that Lopes could not claim legal harm since no criminal charges have been filed against the men.
Governor Hochul Defends Special Prosecutor Choice
Gov. Kathy Hochul defended her October 1 executive order naming James as special prosecutor, stepping in after Tompkins County District Attorney Matthew Van Houten declined to bring criminal charges in 2024. Hochul maintained full confidence in the attorney general’s track record.
I have every confidence in our attorney general to do what she has always done: Look at the facts, examine the record, draw the proper conclusions.
Gov. Kathy Hochul, New York Governor, via Associated Press
James similarly defended her digital statements during an October 8 debate against Republican challenger Saritha Komatireddy, characterizing her remarks as an expression of empathy rather than bias.
Broader Scrutiny Surrounding Cornell University Sexual Assault Response
The legal challenge runs parallel to mounting institutional pressure at Cornell University. The Cornell Faculty Senate is weighing a non-binding no-confidence vote regarding the university administration’s handling of the ongoing campus safety crisis.
WATCH: “I expect the documentary to be one-sided, salacious. I'm sure we'll all want to watch it, but I also know that it won't be the whole truth.”CORNELL SEVEN: The full press conference is below via @lamag, but here's a short exchange where I ask Gillio Lopes' attorney… https://t.co/yozx55k3DU pic.twitter.com/kwU0XuFLS5
Amid this scrutiny, Hochul announced that all sexual offense complaints normally investigated by Cornell University Police will be transferred to State Police. Meanwhile, a separate legal challenge filed by defendant Winston Lee asks a Tompkins County court to bar James from grand jury proceedings, with a decision expected in that sealed matter on November 13.
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.https://t.co/az4ViQwgy1
