One of the seven Cornell University students accused of participating in a gang rape of a woman at a fraternity house in 2024 is seeking to remove New York Attorney General Letitia James from the case, accusing her of having shown bias against the men.

In a petition filed Wednesday, Gillio Lopes’ attorney argued that James’ appointment as special prosecutor in the case is “improper,” citing a social media post from James three days before her appointment.

“What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers,” James wrote on X on Sept. 28. “To her, and to all survivors: you’re not alone. We stand with you.”

Lopes’ attorney said that James’ post “unequivocally demonstrated a bias and presumption of guilt against the defendants.” The attorney general “made clear that she has formed an opinion about the case, that she believes the allegations made by Jane Doe, and that she has already reached the conclusion that Petitioner and the other named Defendants are guilty,” the petition said.

James’ office did not immediately respond to MS NOW’s request for comment about the filing.

Lopes and six other men were named in a lawsuit filed by the woman in September, in which she alleged she was gang raped at the Chi Phi fraternity house in 2024. The woman, identified in the complaint only as Jane Doe, accused Lopes of entering the room where she was being assaulted and forcibly kissing her and having sex with her without her consent.

Lopes, through his attorney, has denied the allegations. University police investigated Jane Doe’s allegations after she reported the assault roughly three weeks later. Cornell meted out various degrees of punishment to the men following the investigation; according to documents obtained by The New York Times, Lopes was suspended for three semesters, put on probation for two years, and was made to study sexual harassment and write a reflection essay.

But Jane Doe’s lawsuit sparked an uproar over the lack of criminal charges and the light disciplinary measures handed down by the university to some of the men. On Oct. 1, New York Gov. Kathy Hochul appointed James as special prosecutor to investigate Cornell’s handling of Jane Doe’s allegations.

Cornell also announced on Wednesday that it is conducting an independent review into the incident.

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