A second man accused of sexual assault in a civil lawsuit involving Cornell University is asking a judge to disqualify New York Attorney General Letitia James from overseeing the criminal investigation, arguing that her public comments show bias.
According to NBC News, attorneys for Winston Lee filed a motion Friday (October 9) seeking to prevent James from conducting a criminal investigation into allegations involving Lee and other former members of Cornell’s Chi Phi fraternity.
His attorneys also want potential grand jurors questioned about whether they have seen James’ public comments and are requesting a hearing on the matter.
NBC reported that Lee’s filing follows a separate challenge from Gillio Lopes—another defendant in the lawsuit—whose attorneys filed a petition Wednesday (October 7) asking a judge to overturn Gov. Kathy Hochul’s appointment of James as special prosecutor.
James was appointed on Thursday (October 1) after Hochul expressed a lack of confidence in the local district attorney’s handling of the case.
Both men argue that James’ public statements supporting the woman who reported the alleged assault raise concerns about her impartiality.
On September 28, three days before her appointment, James shared the following message to social media, alongside a link to a New York Times article about the case.
The Tompkins County district attorney reopened the criminal investigation earlier that day, after a woman, identified as Jane Doe in court documents, filed a civil lawsuit on September 16 accusing seven men affiliated with Cornell’s Chi Phi fraternity of sexually assaulting her in October 2024.
She also sued Cornell University and other parties over how they handled the allegations.
The local district attorney initially declined to bring criminal charges. Lee and Lopes have denied the allegations and have not been criminally charged.
A spokesperson for James’ office told NBC that the attorney general remains committed to reviewing “the facts, the evidence, and the law.”
An October 29 hearing is scheduled in Lopes' challenge, according to NBC.
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