Gillio Lopes, one of the men named in the woman’s civil lawsuit, separately seeks to overturn James’s appointment over alleged bias. Justice James R. Farrell ordered James and Governor Kathy Hochul to respond and scheduled oral arguments for Oct. 29. James has not been removed. Winston Lee’s attorney, Teny Rose Geragos, has also sought her removal, alleging the investigation became a “public political stunt” and requesting disclosure of communications between the governor’s and attorney general’s offices.
Hochul appointed James after saying she had lost faith in the Tompkins County district attorney’s ability to oversee the case fairly. Lopes’s attorney, Andrew Miltenberg, argues that James’s earlier public support for the accuser raised questions about her impartiality. James had written, “What this young woman has been forced to endure is horrific and unacceptable.” Asked about the statement, she replied, “I will not comment on a Facebook post.” Her office said its Criminal Justice Division is leading the investigation and remains committed to an independent inquiry guided only by the facts and the law.