One of seven Cornell University fraternity members accused of sexually assaulting a female student in October 2024 has filed a legal petition to block New York Attorney General Letitia James from serving as special prosecutor in the civil case. The filing, submitted by attorney Andrew Miltenberg on behalf of defendant Gillio Lopes, argues that James demonstrated bias and a presumption of guilt through a social media post made in September 2024. The petition was filed in Albany County Supreme Court on Wednesday.
Cornell University and the Chi Phi fraternity are named as defendants in a civil lawsuit filed by the alleged victim, referred to as Jane Doe, on September 16, 2026. The lawsuit alleges that seven fraternity members participated in the assault, though none have been criminally charged. Jane Doe is no longer enrolled at Cornell. The university has publicly supported Hochul’s appointment of James as special prosecutor.
Legal Challenge to Special Prosecutor
Lopes’ legal team argues that James’ September 28, 2024 social media post, in which she expressed solidarity with Jane Doe, constitutes evidence of bias. The post 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.” Miltenberg’s filing contends that this statement prejudices the investigation against the defendants.
Governor Kathy Hochul appointed James as special prosecutor on October 1, 2026, following her loss of confidence in Cornell University Police and the Tompkins County District Attorney, who had previously declined to pursue criminal charges. Hochul defended the appointment, stating, “I have every confidence in our attorney general to do what she has always done. Look at the facts, examine the record, and draw the proper conclusions.”
Background of the Allegations
The civil lawsuit centers on an incident that allegedly occurred on October 14, 2024, at the Chi Phi fraternity house. Jane Doe’s sworn police statement describes being intoxicated during a sexual encounter with Lopes and another fraternity member in Lopes’ room. She stated that she did not remember significant portions of the event due to her level of intoxication. Lopes’ attorney disputes this account, asserting that Lopes believed Jane Doe was not incapacitated and that he left the room before vulgar group texts about the incident were sent.
Cornell’s Title IX investigation concluded that Lopes should have recognized Jane Doe’s incapacitation and found him responsible for sexual assault. As a result, Lopes was suspended for three semesters and required to complete a reflection essay. He has since returned to Cornell, where a fellow student publicly confronted him about his continued enrollment.
Lopes’ defense team has also argued that Jane Doe’s account of the incident “changed significantly” over time. Jane Doe’s attorney dismissed these claims as self-serving. The civil lawsuit remains pending, with no criminal charges filed against any defendant as of the latest reporting.