Cornell Rape Case Defendants Seek Removal of New York Attorney General

A legal dispute over the handling of sexual assault allegations at Cornell University has expanded as two fraternity members challenge New York Attorney General Letitia James's role in the investigation, while newly released text messages have renewed questions about the allegations made by an undergraduate identified as Jane Doe. Winston Lee and Gillio Lopes, both associated with the Chi Phi fraternity, are seeking James's removal as special prosecutor.

According to ABC News, Lee's attorney, Teny Geragos, argued in a Friday court filing that James and New York Gov. Kathy Hochul created an appearance of political bias by making public statements about the case before the investigation concluded. The filing also challenged James's impartiality based on a social media post expressing support for the woman.

Lee's filing alleged that the attorney general and governor "have together created a blatant appearance of impropriety."

The filing also claimed James "has already publicly prejudged the guilt" of those under investigation.

Geragos criticized the officials' public comments and the decision to transfer the investigation from the elected county prosecutor to the attorney general's office.

"This public political stunt by the Governor and the AG to make repeated public statements, remove the case from the elected county prosecutor, and prejudge guilt in a criminal investigation for political advantage a month before election day is unethical and in violation of the law," Lee's attorney, Teny Geragos, said in the court filing.

Geragos argued that public expressions of support for the complainant could undermine the presumption of innocence for people who have not been charged. ABC News reported that the filing specifically referenced James's social media message.

"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," Geragos said.

A spokesperson for the New York attorney general's office defended the office's investigative approach, emphasizing that the inquiry would be based on evidence and applicable law.

"In this and every investigation, the Office of the Attorney General is committed to conducting a comprehensive review of nothing but the facts, the evidence, and the law," the spokesperson said.

James addressed the criticism Thursday evening, explaining that her earlier remarks were intended to convey compassion rather than a conclusion about the allegations. She said Hochul had assigned her to conduct a thorough and impartial examination.

"Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy. The governor of the great state of New York, Gov. Kathy Hochul, assigned me to analyze this case and to judge it and to do it without bias. She's requesting an unbiased investigation and a thorough investigation, and we will do that based on the facts and based on the evidence," James said.

James also rejected the suggestion that political considerations would determine the investigation's outcome.

"Politics stops at the door in my office," James said. "I can assure New Yorkers that we will engage in a thorough investigation, which will be based on the facts and the law, and guided by the evidence."

Hochul expressed confidence in James's ability to assess the evidence independently.

"I have every confidence in our attorney general to do what she has always done: look at the facts, examine the record, and draw the proper conclusions. That's exactly what's going to happen in this case," Hochul said.

Separately, Scripps News reported Oct. 8 that newly released text messages attributed to Jane Doe appeared to describe interactions with men connected to the allegations in terms that could be interpreted as suggesting consent. The messages included statements such as "I really liked being with you and Matt," references to "our body, our choice," and descriptions of drug use involving intimate body parts.

The messages prompted renewed scrutiny of the allegations, but Jane Doe's attorney said they needed to be considered alongside the circumstances in which they were sent.

"They are like the texts that were released earlier," the attorney told Scripps News.

The attorney said Jane Doe was still trying to understand what had happened and was seeking information from the defendants when she sent the messages.

"She still was struggling with what had occurred and was still processing. She was also trying to get information from the defendants. The impact is no different than the prior texts and must be viewed in context," the attorney said.

According to ABC News, Jane Doe told Cornell campus police in November 2024, about three weeks after the alleged incident, that eight to 10 men had raped her at the Chi Phi fraternity house. The men have denied wrongdoing through statements to investigators, public comments or their attorneys.

The case has also generated criticism of Cornell's administration. Scripps News reported that students have demanded administrative changes, including the resignation of Cornell President Michael Kotlikoff, while faculty members have submitted a motion of no confidence in university administrators. Two students named in Jane Doe's lawsuit continue to attend Cornell.