Judge defers decision on removing Letitia James as Cornell special prosecutor

Student alleges drugging and sexual assault by seven fraternity members over seven hours

Judge James R. Farrell deferred a decision last Thursday on removing New York Attorney General Letitia James as special prosecutor in the criminal investigation into 2024 sexual assault allegations at Cornell University, indicating that all of the accused men would need to join the removal request before he would rule on it. At the hearing in Sullivan County in New York, Farrell considered whether James could impartially oversee the investigation. “It’s not a one-defendant case,” Farrell said, adding: “It’s a potential for seven. You can’t have seven different proceedings.”

The reopened case centers on allegations by a Cornell student that seven fraternity members drugged and sexually assaulted her over seven hours in October 2024.

Lawyers for one of the accused men have sought to remove James as special prosecutor, alleging “prejudice” over a post she shared on X before her appointment. In the post, James wrote: “What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you.”

On Wednesday, James appointed Cornell alumna Jacqueline Kelly to serve as outside counsel and lead a “fair and comprehensive criminal investigation.” Kelly, who took part in the Sean “Diddy” Combs case and formerly served as chief of the civil rights unit in the US attorney’s office for the southern district of New York, will report directly to James’s office.

James said: “The Office of the Attorney General is committed to a thorough investigation guided only by the facts, the evidence, and the law.” She described Kelly as “a seasoned prosecutor who has overseen numerous cases from investigation through trial” and said that, with Kelly’s “criminal legal expertise, commitment to public service, and judicial experience,” she was confident Kelly would “lead a fair and comprehensive investigation.”

Kelly issued her own statement, saying: “I thank Attorney General James for entrusting me to lead this investigation with her office. All New Yorkers deserve a fair and thorough inquiry into the facts of this case. I look forward to lending my years of experience as a federal prosecutor to the Office of the Attorney General as we examine all available evidence.”

During her tenure in the US attorney’s office through 2021, Kelly oversaw several high-profile criminal investigations, including cases involving Sean “Diddy” Combs, the Canadian fashion designer Peter Nygard and Dr Ricardo Cruciani, who faced charges related to sex trafficking and sexual abuse.

Kelly’s appointment came a month after Governor Kathy Hochul named James a special prosecutor in the case, citing that she had “lost faith” in the ability of Tompkins County District Attorney Matthew Van Houten to oversee the investigation, particularly after his decision not to prosecute the case in 2024. Hochul emphasized that those obligated to protect Jane Doe — including the police — had “failed” her.

The lack of any arrests, followed by Doe filing a civil lawsuit earlier this fall, sparked severe public backlash and criticism aimed at the university and law enforcement. A campus protest against Cornell’s handling of the allegations took place on October 5, where photographs showed an attendee wearing a name tag reading “Jane Doe.”