A second student accused in a lawsuit alleging forcible drugging and gang rape at a Cornell University fraternity house has asked a judge to remove New York Attorney General Letitia James from the case. Winston Lee, a Chi Phi fraternity brother, joined fellow fraternity member Gillio Lopes in seeking James' removal as special prosecutor.

Lee's legal team argues that Attorney General James and Governor Kathy Hochul have created an "appearance of impropriety" and that James has publicly prejudged the guilt of those under investigation. The move comes as James was recently appointed by Governor Hochul to investigate the serious allegations.

Lee's attorney, Teny Geragos, stated in a court filing that the "public political stunt" by the Governor and Attorney General, involving public statements and the removal of the case from the elected county prosecutor, is unethical and unlawful, especially occurring shortly before an election. Geragos pointed to a social media post by James, where she expressed empathy for the accuser, stating, "What this young woman has been forced to endure is horrific and unacceptable. I'm holding her in my heart and in my prayers." Geragos argued that it is unfair for an uncharged individual, presumed innocent, to be investigated by someone who has already publicly sided with the accuser and declared the accused guilty.

The accuser, identified as Jane Doe, reported to Cornell campus police in November 2024 that she had been raped by approximately 8-10 men at the Chi Phi fraternity house. Each of the accused individuals has denied the allegations through statements or legal representatives. Governor Hochul appointed Attorney General James to lead the investigation into these claims.

A spokesperson for the New York attorney general's office asserted their commitment to a "comprehensive review of nothing but the facts, the evidence, and the law" in all investigations. When questioned about her social media comments, James stated on Thursday that they demonstrate empathy, which she believes is needed in public discourse. She added that Governor Hochul assigned her to analyze the case without bias and that the investigation would be based solely on facts and evidence.

This legal maneuver by Lee's defense highlights the ongoing tension between the legal proceedings and public perception surrounding the case. The involvement of the state's top law enforcement official, appointed by the governor, has elevated the case's profile and prompted scrutiny from multiple parties.

The defense's argument centers on the principle that an unbiased investigation requires a prosecutor free from prior public pronouncements on the guilt or innocence of the accused. The court will now consider whether James's public statements constitute grounds for her removal from the special prosecutor role.

Further developments in this case will likely hinge on the court's decision regarding the motion to remove Attorney General James, as well as the progress of her office's investigation into the serious allegations of rape and drugging at the Cornell fraternity.