One of the men accused in the Cornell University sexual assault lawsuit has asked for New York Attorney General Letitia James to be removed from leading the investigation into the incident.

The petition by Gillio Lopes called for James to be replaced as special prosecutor because of comments she made on social media soon after the allegations against several former fraternity members at the Ivy League school became public. The request was filed in state Supreme Court in Albany, New York.

Lopes has unequivocally denied the allegations, his lawyer has said. The other men have also denied any wrongdoing, and no criminal charges have been filed against any of them.

Gov. Kathy Hochul appointed James last week to investigate the allegations made by Jane Doe, whose lawsuit contends that what began as a consensual sexual encounter on Oct. 19, 2024, spiraled into a prolonged, drug-fueled attack inside a fraternity house by several men.

Lopes’ lawyer asked the court to remove James and appoint a different special prosecutor “who is free from actual or perceived conflicts of interest or bias” against their client or the others named in the lawsuit.

The offices of James and Hochul did not immediately reply to a request for comment.

Lopes was suspended from the university following an administrative process, according to discipline summaries obtained by The New York Times. A three-member panel, which met on Zoom over 12 days in May 2025, handed down a three-semester suspension for Lopes and two years of probation, the summaries show.

Lopes remained on campus in recent weeks, though his lawyer has said he is considering leaving the school. A video on Instagram showed a woman approaching Lopes in a hallway on campus and telling him, “I just wanted to let you know personally that I’m ashamed to be on the same campus as you.”

The filing Wednesday was the latest major development in a sexual assault inquiry that has consumed Cornell’s Ithaca campus, plunging the Ivy League institution into a crisis and reigniting a decades-old conversation about campus sexual violence. The woman’s allegations unleashed a flood of outrage over the handling of her case, both by the university and the local district attorney.

Anger, among some politicians and members of the public, turned toward law enforcement’s decision not to pursue her case.

After Tompkins County District Attorney Matthew Van Houten said he would reopen an investigation last week, James posted a message on social media saying what Jane Doe “has been forced to endure is horrific and unacceptable.”

“I’m holding her in my heart and in my prayers,” James wrote. “To her, and to all survivors: you’re not alone. We stand with you.”

Later in the week, in response to revelations about the investigation, Hochul said she had “lost faith” in Van Houten.

In a news conference Friday, standing next to James, the governor expressed concern at how local law enforcement had handled Jane Doe’s allegations of the assault at the time of her report. And Hochul said she had “every confidence” in James to “look at the facts, examine the record and draw the proper conclusions.”

But, according to Lopes’ lawyers, James’ comments on social media about Jane Doe’s accusations require her to recuse herself.

“By describing what Doe ‘has been forced to endure’ and identifying her with ‘survivors,’ Attorney General James publicly characterized the alleged experience as an event that had occurred, before she was entrusted with the reopened criminal investigation,” the lawyer wrote.

Stephen Gillers, a professor of legal ethics at New York University’s law school, said James’ comments “skirted around the limitation of what she can say and do as a prosecutor,” he said, adding that James stayed within the bounds of what’s allowed.

“On the other hand, I would have liked more care for a high profile case like this,” Gillers said.

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This article originally appeared in The New York Times.

By Hurubie Meko and Troy Closson/Hilary Swift
c. 2026 The New York Times Company