NEW YORK, Oct. 9, 2026 /PRNewswire/ — New York State Supreme Court Justice James R. Farrell has signed an Order To Show Cause, directing Respondents New York State Governor Kathleen Hochul and New York State Attorney General Letitia James to show cause why an Order should not be entered voiding the Governor’s appointment of Attorney General James as Special Prosecutor. The signed Order To Show Cause further directs the Respondents to show cause why an Order should not be signed directing Governor Hochul to appoint a Special Prosector who is free from actual or perceived conflicts of interests or bias against Mr. Lopes or the other individually named defendants arising from allegations in the separate Cornell civil litigation.

Mr. Lopes’s petition centered on a September 28, 2026 statement published on the Attorney General’s official X account concerning the plaintiff (“Jane Doe”) in the civil litigation. James wrote: “What this young woman has been forced to endure is horrific and unacceptable.” The post further expressed support for the plaintiff and identified her with survivors.

Three days later, Governor Hochul issued Executive Order No. 64, assigning Attorney General James the responsibility of investigating the allegations and, if warranted, pursuing criminal charges. Lopes’s petition argued that through her earlier statement, James appeared to accept an account she was subsequently entrusted to evaluate independently.

“As Governor Hochul has said, the public needs confidence in the individual leading this investigation. AG James, based upon her very public statements validating Jane Doe, certainly doesn’t instill confidence in a fair investigation. The decisions that shape a criminal case begin well before trial. Independence matters from the outset” said Stuart Bernstein, a partner at Nesenoff & Miltenberg, LLP, and counsel for Lopes.

Media Contact
Andrew T. Miltenberg
Stuart Bernstein
Tara Davis
Nesenoff & Miltenberg, LLP
(212) 736-4500
amiltenberg@nmllplaw.com 
sbernstein@nmllplaw.com
tdavis@nmllplaw.com

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SOURCE Nesenoff & Miltenberg, LLP