Four Cornell defendants seek to remove AG Letitia James from rape investigation
Four men named in a Cornell University gang rape lawsuit are joining efforts to disqualify New York AG Letitia James from leading the criminal investigation.
Cornell defendants move to disqualify New York AG from gang rape probe
Four men named in a former Cornell University student's civil lawsuit are joining a co-defendant's court petition to remove New York Attorney General Letitia James from a reopened criminal investigation into allegations of gang rape, according to court filings reviewed Thursday by ABC News US.
Lawyers for the co-defendant said the four agreed to be added to a petition arguing that James should be disqualified because of social media posts she made before her appointment — in which she condemned the alleged assault and voiced support for the accuser.
The move comes one day after James appointed Jacqueline Kelly, a former federal prosecutor who previously oversaw sex crimes cases against music mogul Sean "Diddy" Combs, as outside counsel for the investigation. Kelly and a team of lawyers and investigators will handle evidence gathering, witness interviews and other investigative steps, all reporting directly to James.
A judge heard arguments on the removal request last week but declined to rule until he knew whether the six other defendants in the lawsuit supported the effort. He gave the lead petitioner's lawyers until Thursday to gather their responses.
Of the four men now joining the petition, one had already filed separate court papers seeking James' removal. Two other defendants named in the lawsuit did not respond — their lawyers were unavailable to speak on their behalf, according to the filings. James' office declined to comment.
The underlying lawsuit was filed in September by a former Cornell student identified in court papers as Jane Doe. She alleged that several men raped her at a fraternity party in 2024, and that some of them pressured her into using ketamine and marijuana while she had consumed enough alcohol to leave her unable to consent. Not all of the men named in the lawsuit were accused of rape.
James, a Democrat, shared a post about the case on X and Facebook on September 28, linking to a news article about the lawsuit. "I'm holding her in my heart and in my prayers," she wrote. "To her, and to all survivors: you're not alone. We stand with you."
Governor Kathy Hochul appointed James as special prosecutor on October 1, citing lost confidence in the local district attorney, who had declined to bring charges in 2024 but later said he would reopen the investigation following the former student's lawsuit.
James initially declined to address her social media posts publicly but commented on them at an October 8 debate, saying: "Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy."
State lawyers argued in court that Hochul has broad authority to appoint special prosecutors and selected James based on her track record handling high-profile, sensitive cases.
In a statement Wednesday, James said she is confident that Kelly "will lead a fair and comprehensive investigation."
Andrew Miltenberg, attorney for the man leading the removal effort, said in a court filing that Kelly's appointment "changes the face of the investigation" but "does not establish any change in ultimate authority."
Source: ABC News US