Oct. 8 (UPI) — Lawyers for one of the seven men accused of raping a former Cornell University student in 2024 are seeking to block the appointment of New York Attorney General Letitia James as a special prosecutor in the case.
In a court filing in Albany County Supreme Court on Wednesday, Gillio Lopes’ attorneys said James should be removed as special prosecutor because she “unequivocally demonstrated a bias and presumption of guilt against the defendants named in the Civil Case.”
Lopes has denied he sexually assaulted the woman, who has sued him and six other men she accuses of “gang rape” at an on-campus fraternity house, as well as the university.
The woman, who is identified only as Jane Doe in court documents, filed a civil lawsuit last month, alleging she “was plied with alcohol and drugs to the point of intoxication” at the Chi Phi fraternity house and sexually assaulted and raped by members of the fraternity over about seven hours starting the night of Oct. 19, 2024.
No charges have been filed in the case so far.
The Article 78 petition, which was also filed against Gov. Kathy Hochul, is used to challenge actions by state or local agencies or officials in the state.
Hochul last week tasked James with reopening an investigation into the woman’s allegations, saying she did not have faith in Tompkins County District Attorney Matthew Von Houten to lead the inquiry.
Tompkins County said last week it reopened its criminal investigation into the allegations.
Lopes’ attorneys pointed to a social media post by James on Sept. 28 where she wrote in the days before she was named 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.”
James “believes the allegations made by Jane Doe, and that she has already reached the conclusion that Petitioner and the other named Defendants are guilty,” the attorneys said.
James’ office declined comment on the filing. After she was named special prosecutor on Oct. 1, James said in a statement the investigation would be conducted “fully and fairly.”