By Salma El-Sakka
Four men named in a former Cornell University student’s lawsuit have joined a co-defendant’s petition seeking to remove New York Attorney General Letitia James from a reopened criminal investigation into gang rape allegations, court filings submitted Thursday show.
Social media posts cited as grounds for removal
The petition argues James should be disqualified because of social media posts she made before her involvement in the case. On Sept. 28, James posted on X and Facebook linking to a news article about the lawsuit, writing that she was “holding her in my heart and in my prayers” and that “we stand with you.” The defendants contend the posts demonstrate bias.
James appoints outside counsel
The move came a day after James named Jacqueline Kelly, a former federal prosecutor who 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 and witness interviews, reporting to James. James said she is confident Kelly “will lead a fair and comprehensive investigation.”
Case background
The case stems from a lawsuit filed in September by a former Cornell student identified as Jane Doe, who alleged that several men raped her at a fraternity party in 2024. She said some of the men pressured her into using ketamine and marijuana, and that alcohol left her too intoxicated to consent. Not all men named in the lawsuit were accused of rape.
Governor’s appointment and legal challenge
Gov. Kathy Hochul appointed James as special prosecutor on Oct. 1 after saying she had lost faith in the local district attorney, who had declined to bring charges in 2024 but agreed to restart the investigation following the lawsuit. A judge heard arguments last week on one defendant’s request to remove James but deferred a ruling until the other six defendants indicated whether they supported the effort. The judge gave the defense until Thursday to secure their participation.
State defends appointment
In court, the state’s lawyers argued that Hochul has wide latitude to appoint special prosecutors and chose James because of her track record handling sensitive cases in the national spotlight. Andrew Miltenberg, a lawyer for the defendant spearheading the removal effort, said Kelly’s appointment “changes the face of the investigation” but “does not establish any change in ultimate authority.” James’ office declined to comment.
