Cornell Defendants Seek Removal of New York AG from Sexual Assault Case

Winston Lee and Gillio Lopes, two former Chi Phi fraternity members accused in a sexual assault lawsuit filed by a former Cornell University student, filed motions this week seeking the disqualification of New York Attorney General Letitia James from the ongoing criminal investigation. The legal challenges argue that James and Governor Kathy Hochul have transformed a sensitive investigation into a political opportunity just weeks before an election.

Attorneys Teny Geragos, Marc Agnifilo, and Jacob Kaplan filed Lee’s motion Friday in Tompkins County criminal court, asking a judge to preclude James from conducting the criminal investigation into whether former fraternity members engaged in sexual assault in October 2024. Lopes filed a separate civil court motion earlier this week requesting the same relief: the dismissal of James following her appointment as special counsel by Hochul. Lopes secured an October 29 hearing, where attorneys for both sides will present oral arguments.

The lawsuit at the center of these challenges was filed last month against seven fraternity members, as well as Cornell, the Chi Phi fraternity, and the accuser’s sorority. The woman, identified in court documents as Jane Doe, alleges that both Lee and Lopes did drugs off her body and sexually assaulted her. She told Cornell campus police in November 2024, three weeks after the incident occurred, that she had been raped by 8-10 men at the campus’ Chi Phi fraternity house.

Political Stunt Allegation Emerges

Geragos characterized James’s appointment as a “public political stunt” in her filing. She claims Hochul selected James because the attorney general had already publicly sided with Jane Doe. The motion argues that the two officials have turned a sensitive criminal investigation into a political opportunity just weeks before an election, referencing concerns raised by longtime Manhattan DA Frank Hogan about playing politics with people’s lives.

Lee’s attorneys argued that Hochul and James “have together created a blatant appearance of impropriety” and that James herself “has already publicly prejudged the guilt” of the subjects of her investigation. The filing asks the court to examine whether grand jurors have been influenced by James’s public statements and seeks access to communications between the governor’s office and the attorney general’s office.

Social Media Post Sparks Legal Challenge

Both legal challenges focus on a September 28 social media post in which James expressed support for the former Cornell student. Three days later, Hochul appointed James to investigate the case. The post has become central evidence in the defense teams’ argument that James showed bias toward the accuser before taking over the investigation.

“What this young woman has been forced to endure is horrific and unacceptable,” James wrote. “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.”

Geragos stated in the filing that “it is the height of unfairness that an uncharged person like Mr. Lee, presumed to be innocent, should be investigated by anyone — much less the AG — who has already publicly endorsed the purported victim and concluded the accused are guilty.” The motion emphasizes that this public political stunt by the governor and the attorney general, involving repeated public statements, removing the case from the elected county prosecutor, and prejudging guilt in a criminal investigation for political advantage a month before election day, violates ethical standards and the law.

High-Profile Legal Team Enters Case

The filing marks the first time the well-known legal team has publicly acknowledged representing one of the men accused by the former Cornell student. Teny Geragos, a partner at Agnifilo Intrater LLP, has secured major victories in two of the country’s highest-profile sex-crime prosecutions: an acquittal for Sean “Diddy” Combs on federal sex-trafficking and racketeering charges, and a not-guilty verdict and mistrial on separate charges against Harvey Weinstein. The team has handled numerous significant sexual misconduct matters throughout their careers.

Lee’s attorneys are asking for any future potential grand jury panelists to be polled on whether they are aware of James’s comments. They also requested the court to schedule arguments on the issue. The attorneys contend that the Tompkins County court has the authority to step in if necessary to ensure the fairness of a grand jury process.

Denials and Statements from All Parties

Lee’s and Lopes’s attorneys say their clients deny the accusations brought against them. Two of the other men named in the suit have also denied separate allegations against them. Each of the men has denied wrongdoing to investigators, in public statements, or through their lawyers. None of the men named has been criminally charged.

A spokesperson for James’s office responded to the allegations with a measured statement. In response to a request for comment, the spokesperson said the office maintains its commitment to conducting comprehensive reviews based solely on facts, evidence, and the law in this and every investigation. When asked Thursday evening about her comments on social media, James defended her post as demonstrating empathy, stating that the body politic needs more empathy now more than ever.

Cornell has said that it welcomes new investigations into the case. The fraternity and sorority previously declined to discuss the pending litigation. The case continues to develop as the court system weighs the unusual challenge to a state attorney general’s involvement in a criminal investigation, with potential implications for how political officials handle high-profile cases during election seasons.