An attorney for Gillio Lopes, a student accused in a gang rape at Cornell University, has asked an Albany court to remove New York Attorney General Letitia James from her role as special prosecutor in the case. The legal team argues that James demonstrated bias and a presumption of guilt through a social media post made prior to her official appointment.

Governor Kathy Hochul appointed James as special prosecutor last week, stating she had lost confidence in the Cornell University Police Department and the Tompkins County District Attorney, who had initially declined to press charges. The move followed allegations made by a student identified as Jane Doe.

Lopes' attorney, Andrew Miltenberg, pointed to a September 28 social media post by James, in which she expressed solidarity with Jane Doe. "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," James wrote. Miltenberg argued in a court filing that this statement indicated James had already formed an opinion and concluded the defendants' guilt.

The legal challenge also involves pushing back on the details of the accusations, with Lopes' attorney claiming the accuser's story changed significantly over time. The attorney for Jane Doe, Thomas Giuffra, has described these arguments as self-serving and highlighted the accuser's state at the time of the alleged incident, noting she was given ketamine and was intoxicated.

Governor Hochul has defended her decision to appoint James, expressing confidence in the Attorney General's ability to "look at the facts, examine the record, and draw the proper conclusions." James herself declined to comment on the social media post during a press conference, stating, "I will not comment on a Facebook post."

Lopes was suspended for one year by Cornell University after being found responsible for participating in sexual activity when the accuser was allegedly incapable of consenting. He was also required to complete an educational course and submit an essay. Despite the suspension, Lopes has continued his education at the university.

The court filing seeks to void Governor Hochul's appointment of James and compel the appointment of a new prosecutor who is free from any actual or perceived conflicts of interest or bias. The case highlights the potential for public statements by officials to influence ongoing legal proceedings.

The legal maneuver underscores the complexities of high-profile cases, particularly those involving university campuses and allegations of sexual assault, and the scrutiny that public officials face when involved in such matters.