Four Cornell Defendants Join Petition to Oust AG James from Gang Rape Probe

Four men named in a civil lawsuit against Cornell University have formally joined a legal bid to remove New York Attorney General Letitia James from the criminal investigation into a 2024 gang rape. The petition, filed in court on Thursday, aligns the four with a co-defendant who had previously sought to displace James from the lead role. Their lawyers argue that James's public comments on social media before her official appointment created a conflict of interest that now hinders a fair process.

The case began with a lawsuit filed in September by a former student, identified in court documents as Jane Doe. She alleged that several men raped her at a fraternity party in 2024. The suit claimed the group pressured her into using ketamine and marijuana, and that she had consumed enough alcohol to be unable to consent. While not all men named in the civil suit were accused of rape, the criminal probe has focused on the core allegations of the assault.

The timeline of the legal maneuvering accelerated following James's public statements. On September 28, she posted on X and Facebook, linking to news coverage of the lawsuit. In the posts, she wrote, “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.” Although she initially declined to comment on the activity, she addressed the posts during an October 8 debate, stating the comments demonstrated empathy.

Governor Kathy Hochul appointed James as special prosecutor on October 1. The governor cited a loss of faith in the local district attorney, who had declined to bring charges in 2024 but promised to restart the investigation after the civil suit was filed. State lawyers argued in court that the governor has broad discretion in making such appointments, noting that James was selected for her track record in handling sensitive cases with national attention.

A judge heard arguments last week regarding one accused man’s request to remove James. He indicated he would not rule until he knew whether the other six lawsuit defendants supported the effort. He set a deadline of Thursday for the man’s lawyers to secure that backing. Four men agreed to join the petition, while two others did not provide a response as their lawyers could not speak for them.

The investigation’s staffing changed on Wednesday when James appointed Jacqueline Kelly, a former federal prosecutor who previously handled sex crimes cases involving Sean Combs, as outside counsel. Kelly and her team will manage evidence gathering and witness interviews, reporting directly to James. Andrew Miltenberg, the lawyer for the man spearheading the removal effort, filed papers arguing that while Kelly’s appointment changes the face of the investigation, it does not alter the ultimate authority resting with James.