Cornell 7 Rape Case Escalates as Judge Orders Response to Bid to Remove Letitia James

A New York judge has ordered Attorney General Letitia James and Gov. Kathy Hochul to respond to a legal challenge seeking to remove James from the Cornell 7 rape investigation, as a second man accused in the case moves to block her involvement over allegations that she prejudged their guilt.

State Supreme Court Justice James R. Farrell signed an order to show cause on October 9, 2026, following a petition filed by Gillio Lopes, one of seven current and former Cornell University fraternity members accused of sexually assaulting a student in 2024. That same day, fellow defendant Winston Lee filed a separate challenge seeking to disqualify James from the criminal investigation and potential grand jury proceedings.

The court's order requires Hochul and James to address why the governor's appointment should remain in place. Lopes is asking the judge to invalidate the decision and require the appointment of another special prosecutor, arguing that James publicly accepted the woman's allegations before she was assigned to investigate them.

At issue is a September 28 social media post in which James described the woman's reported experience as "horrific and unacceptable" and expressed support for her and other survivors of sexual assault. Three days later, Hochul removed Tompkins County District Attorney Matthew Van Houten from the investigation and assigned the case to James.

Lopes's attorneys contend that the statement demonstrated a presumption of guilt against the accused men. His petition, filed October 7 in Albany County Supreme Court, challenges Hochul's appointment through an Article 78 proceeding, which allows judges to review certain actions by government officials.

Lee's attorneys, Teny Geragos, Marc Agnifilo and Jacob Kaplan, are seeking to prevent James from overseeing the investigation or participating in any grand jury proceedings. Their October 9 filing accuses the attorney general and governor of creating a "blatant appearance of impropriety" and argues that James had "already publicly prejudged the guilt" of the men named in the civil lawsuit.

Lee also wants prospective grand jurors questioned about their exposure to James's statements, seeking to address potential prejudice before prosecutors present evidence. Grand jurors would determine whether the evidence supports criminal charges, a process separate from the civil lawsuit pending against Cornell and the accused men.

James has maintained that her office will conduct an impartial investigation based on the facts, evidence, and law. Hochul has defended her appointment, expressing confidence in the attorney general's ability to oversee the case fairly.

The challenges follow the reopening of a criminal investigation prompted by allegations from a former Cornell student identified as Jane Doe. In a September 14 civil lawsuit, Doe accused seven Chi Phi fraternity members of drugging and sexually assaulting her at the fraternity house on October 19, 2024. She also sued Cornell and several other defendants, alleging the university failed to protect her and allowed some of the accused students to mitigate disciplinary consequences by writing essays.

Cornell has said its investigation resulted in disciplinary sanctions and that the Chi Phi chapter remains barred from campus. Attorneys for some of the accused men have disputed Doe's allegations, citing evidence they say contradicts her account.

Doe reported the alleged assault to Cornell University Police in November 2024, but Van Houten's office initially declined to prosecute, citing insufficient evidence. The district attorney reopened the case in September after acknowledging that prosecutors had relied on incomplete police records, including a summary that omitted portions of Doe's interview.

Hochul transferred the investigation to James on October 1, authorizing her office to determine whether criminal charges should be pursued. The appointment now faces separate court challenges that could require another prosecutor to assume responsibility.

Justice Farrell has scheduled oral arguments for October 29, 2026, at 2 p.m., when attorneys for Hochul and James will address Lopes's challenge to the appointment. James continues to oversee the reopened criminal investigation, while the seven men remain defendants in Doe's civil lawsuit.