Cornell student accused in alleged 2024 sexual assault moves to block Letitia James as prosecutor

One of the seven Cornell University fraternity brothers accused of sexually assaulting a female student in 2024 has filed a petition to block New York Attorney General Letitia James’ appointment as special prosecutor in the civil case – arguing she has “unequivocally demonstrated a bias and presumption of guilt against the defendants."

The Jane Doe’s civil suit was filed Sept. 16 against Cornell, the Chi Phi fraternity and seven of its members who allegedly took part in the attack. All of the defendants have denied the allegation and none has been criminally charged. The plaintiff is no longer a student at the school, in Ithica. 

The petition to remove James was filed by an attorney for defendant Gillio Lopes on Wednesday in Albany County Supreme Court, according to NBC News. 

Lopes' defense team argues James should be replaced because of comments she made on social media soon after the allegations against several former fraternity members at the Ivy League school became public, according to The New York Times. 

The Article 78 petition, filed against James and Gov. Kathy Hochul, is a proceeding used to challenge an action by a state or local government officer or agencies in New York.

Cornell has agreed to Hochul’s call for an independent investigation and says the Ivy League school backs James’ appointment.