Sullivan County Supreme Court Judge James R. Farrell heard arguments Thursday on whether New York Attorney General Letitia James should be removed as special prosecutor from a criminal investigation into allegations that seven former Cornell University fraternity brothers drugged and gang-raped a female student at their Chi Phi house in October 2024.
Gillio Lopes, one of the seven accused men, filed the petition this month seeking James' removal. His attorneys argue that James has "unequivocally demonstrated a bias and presumption of guilt against the defendants" based on social media posts she made before being appointed to the case by Governor Kathy Hochul on October 1. On September 28, three days before her appointment, James wrote on X: "What this young woman has been forced to endure is horrific and unacceptable. I'm holding her in her heart and in my prayers. To her, and to all survivors: you're not alone. We stand with you."
Lopes' defense attorneys argued that these public statements show James has "picked sides" and "publicly aligned herself" with the complainant, whom court documents identify by the pseudonym Jane Doe. Attorney Stuart Bernstein told the judge that James' appointment was no longer "viable" because she had failed in her obligation to represent all New York citizens. Defense counsel Andrew Miltenberg characterized the social media post as the "original sin" for the case, arguing that whether it affects all seven defendants or just one, the statements should disqualify James from serving as a neutral prosecutor.
During the hearing, Judge Farrell pressed Assistant Attorney General Kaitlin Vigars, who represents James and Governor Hochul, on whether it was improper for a prosecutor to make such statements. When Vigars did not directly answer, Farrell repeated the question: "You wouldn't agree with me?" State lawyers argued that public statements alone do not meet the legal threshold for removal, contending that actual prejudice must be shown rather than speculative claims of bias. James' office filed a formal opposition response arguing that Lopes' petition relies on claims that are "not justiciable" and that his attorneys lack standing to challenge the governor's appointment decision.
Farrell did not immediately rule on the motion Thursday but gave Lopes' lawyers until November 5 to explain why the six other defendants had not joined the challenge. The judge expressed concern about the potential for conflicting rulings if multiple judges in different jurisdictions issue separate decisions, saying "if multiple judges come down with decisions that's chaos, and the court should not fashion chaos." Miltenberg told reporters after the arguments that he was "confident that the other six will join, whether they want to or not," adding that he believed Farrell could "force them to join" if the accused men were not all on board.
Separately, Winston Lee, another defendant in the case, has asked a Tompkins County court to bar James from participating in any grand jury proceedings. A decision in that sealed matter is expected November 13. None of the seven men named in Jane Doe's civil lawsuit has been criminally charged. James' appointment came after Governor Hochul decided to bypass the local Tompkins County district attorney, who had previously declined to bring charges. In a statement, a spokesperson for James' office said Lopes' lawyers' "claims are without merit" and that her office "remains committed to conducting an investigation guided only by the facts, the evidence, and the law."
The proceedings come as Hochul announced a separate policy change: all sexual offense complaints normally handled by Cornell University Police will be referred immediately to New York State Police for criminal investigation, unless otherwise requested by the person making the complaint. Hochul said the change was necessary because "every student deserves to feel safe on their campus" and "survivors should be able to trust the institutions responsible for protecting them."
