Letitia James delegates probe into alleged Cornell sexual assault to Kelly

Charging decisions shift to Kelly’s team as potential defendants seek removal

New York Attorney General Letitia James is stepping back from the criminal investigation into an alleged 2024 sexual assault at Cornell University, according to The Wall Street Journal. She appointed Jacqueline Kelly, a former Manhattan federal prosecutor and partner at Boies Schiller Flexner, to lead the investigation.

James’s office said Kelly will report to James, but James will not be involved in the probe and all decisions will be made by Kelly and her team. Kelly will lead a team of lawyers and staffers from Boies Schiller and James’s office, weighing whether fraternity brothers named by the accuser will face charges.

James said she was confident Kelly would “lead a fair and comprehensive investigation.”

The case drew intense scrutiny after the accuser, known as Jane Doe, filed a civil lawsuit accusing Cornell of failing to protect her from an alleged gang rape by fraternity members. The criminal investigation concerns potential charges against fraternity brothers named by the accuser.

Democratic Gov. Kathy Hochul appointed James as special prosecutor after expressing concern about how the local district attorney had handled the case. James, a Democrat who was elected Tuesday to a third term, faced criticism over her office’s lack of expertise in sex-crimes prosecutions and her public expression of solidarity with the accuser.

James had expressed that solidarity in a social-media post. She wrote, “What this young woman has been forced to endure is horrific and unacceptable,” and added: “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.” James later defended the statement, made days before her appointment, by saying she was expressing empathy.

Two potential defendants have sought to remove James from the investigation, arguing that the attorney general’s comments showed prejudgment. Their challenge comes as Kelly takes responsibility for the charging assessment and James remains outside day-to-day decisions.

Kelly served in the Manhattan U.S. attorney’s office for nine years. She supervised the prosecution of music mogul Sean “Diddy” Combs, who was convicted of prostitution offenses, and worked on cases involving a doctor who sexually abused patients and retail tycoon Peter Nygard, who was indicted on sex-trafficking charges.

Kelly earned her law degree at Columbia and graduated from Cornell in 2007.

The unresolved issue is whether the fraternity brothers named by the accuser will face charges. Kelly and her team will make that determination, the attorney’s office said, while James stays outside the probe’s daily decisions even though Kelly will report to her.