Attorneys representing a second former Cornell University student accused in a high-profile sexual assault case submitted a court motion Friday seeking to remove New York Attorney General Letitia James from potential grand jury proceedings, NBC News reported.
The criminal court filing was entered in Tompkins County on behalf of Winston Lee by defense attorneys Teny Geragos, Marc Agnifilo and Jacob Kaplan. The motion requests that a judge preclude James from directing a criminal investigation into whether former Chi Phi fraternity members, including Lee, committed sexual assault during an October 2024 gathering.
Lee’s legal team argued that local judicial authorities hold the power to intervene to protect the integrity of grand jury matters. They requested oral arguments and asked the court to poll any prospective grand jurors regarding their knowledge of public statements made by James, according to NBC News.
Defense Cites Attorney General’s Public Remarks
Gov. Kathy Hochul selected James to serve as special counsel after local prosecutors initially declined to bring charges against the fraternity members. Defense lawyers contend that James compromised her impartiality before taking over the matter.
In the filing, Geragos cited comments James posted to social media as civil allegations gained national attention, NBC News reported. James previously wrote, “What this young woman has been forced to endure is horrific and unacceptable,” and added, “To her and all other survivors: You’re not alone. We stand with you.”
Lee’s counsel argued that the remarks demonstrated prejudgment and ethical issues that warrant recusal. In response, a spokesperson for the attorney general’s office told NBC News that investigators are “committed to conducting a comprehensive review of nothing but the facts, the evidence, and the law.”
The effort follows a motion filed earlier in the week by attorneys for co-defendant Gillio Lopes seeking the same relief. Lopes’ attorney, Andrew Miltenberg, stated Friday that the public must have confidence in an investigator with an open mind. A hearing regarding Lopes’ motion is scheduled for Oct. 29.
Dispute Over Evidence and Police Records
The criminal inquiry developed after a former Cornell student, identified in legal records as Jane Doe, filed a civil complaint naming seven fraternity brothers, Cornell, the national Chi Phi fraternity and her sorority. The lawsuit claims that Lee and Lopes ingested drugs off her body and assaulted her. Lee and Lopes have denied the claims through counsel, two other defendants have denied accusations against them, and none of the men have faced criminal charges.
Tompkins County District Attorney Matthew Van Houten previously declined to indict after reviewing a six-page statement provided to police in November 2024, concluding it did not allege a crime. However, Van Houten later told CBS News that his office had not initially received a recording of Doe’s complete police interview, adding that the full record “changes the landscape for me,” Fox News reported.
In the interview transcript obtained by CBS News, Doe stated that she was “completely and totally incapacitated” and said, “I can say with 100% confidence I was raped.”
University Sanctions and Ongoing Inquiries
Cornell conducted an internal Title IX investigation featuring more than 50 interviews and 12 days of hearings, Fox News reported. University President Michael Kotlikoff said the school expelled two students, suspended two for at least two semesters, found two not responsible and noted that one had graduated before sanctions could be applied.
The university’s Board of Trustees also hired former Deputy U.S. Attorney General Sally Yates to conduct a comprehensive independent assessment of Cornell’s institutional response and oversight of campus Greek organizations.
A judge in Tompkins County has not yet indicated whether oral arguments will be granted on Lee’s criminal filing or combined with the Oct. 29 proceedings in Lopes’ civil case. The criminal probe led by the state attorney general’s office remains underway.
