Miltenberg, Bernstein, Davis: Cornell Defendant Seeks To Nix James As Special Prosecutor
Cornell Defendant Seeks To Nix James As Special Prosecutor
By Andrea Keckley ·
Law360 (October 8, 2026, 1:46 PM EDT) — One of the seven men accused of drugging and raping a fellow Cornell University student at a fraternity home has asked a New York state court to void Gov. Kathy Hochul’s appointment of New York Attorney General Letitia James as special prosecutor in the case.
Gillio Lopes, who was suspended for three semesters and placed on academic probation for two years for his alleged role in the incident, pointed to a post James made on X three days before her Oct. 1 appointment: “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.”
Lopes’ attorneys argued in a petitionWednesday that James “has unequivocally demonstrated a bias and presumption of guilt” against him and the other defendants named in a lawsuit filed last month by the woman known as Jane Doe.
“Through this official public statement, Attorney General James has made clear that she has formed an opinion about the case, that she 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 petition read.
Hochul has said she appointed James due to new information raising “serious questions” about the Cornell Police Department’s investigation and the initial decision by Tompkins County District Attorney Matthew Van Houten not to prosecute. Van Houten did announce plans in late September to revisit his decision, claiming the allegations in Jane Doe’s civil case differ from what she told police in 2024.
The evening after her appointment, “Attorney General James and her team began a comprehensive investigation led by OAG’s Criminal Justice Division,” a spokesperson for the Office of the Attorney General told Law360 in an email on Thursday. “Since then, OAG has spoken with the Tompkins County district attorney, Jane Doe’s attorney, and several candidates for outside counsel to support the investigation. The DA has agreed to cooperate, and OAG remains committed to a thorough and independent investigation guided only by the facts and the law.”
Law360 has reached out to Lopes’ counsel for comment.
According to Wednesday’s petition, removing a public prosecutor in New York typically requires “actual prejudice arising from a demonstrated conflict of interest, or a substantial risk that an attorney will misuse confidences.” Lopes’ counsel argues, however, that James’ appointment falls under an exception in which an “exceptionally serious appearance of impropriety may warrant disqualification.”
“While Attorney General James’ statement does not expressly declare petitioner guilty, its significance is the apparent credibility judgment it communicates concerning the complainant whose allegations Attorney General James was subsequently assigned to investigate,” they added.
Lopes is being represented by Nesenoff & Miltenberg LLP, a New York firm with a history of working on Title IX matters and lawsuits involving universities. The firm has represented clients like a suspended Yale Universitystudent who sued the school after being accused of using artificial intelligence to cheat, and the parents of a Seton Hall University student who died on campus of an apparent seizure during a COVID-19 isolation period.
Lopes is represented by Andrew T. Miltenberg, Stuart Bernstein and Tara J. Davis of Nesenoff & Miltenberg LLP.
Counsel information was not immediately available for the respondents, Hochul and James.
The case is In the Matter of the Application of Gillio Lopes, case number 911974-26, in the New York Supreme Court for the County of Albany.
–Additional reporting by Brian Steele and Jack McLoone. Editing by Robert Rudinger.
