Cornell rape case: Four defendants join bid to remove AG
Men named in a 2024 assault lawsuit argue Attorney General Letitia James' prior social media posts compromised her objectivity.
By Noor Graham ·
Four men named in a lawsuit regarding a 2024 gang rape at Cornell University have joined a legal effort to remove New York Attorney General Letitia James from the criminal investigation. Court filings submitted Thursday detail their addition to a petition seeking her removal from the case.
The defendants argue that James' social media activity before her appointment created a conflict of interest. On September 28, James posted on X and Facebook linking to a news article about the lawsuit. Her message read, "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." The petition contends these statements show she had already formed an opinion on the facts.
A judge had previously heard arguments from one accused man's attorney seeking James' removal. The judge withheld a ruling until he knew if the other six defendants in the civil lawsuit supported the bid. He gave the lawyers until Thursday to secure their consent. Four men agreed to join the effort. Two of the other defendants did not have legal representation and did not respond to the request, according to the filings.
The criminal investigation was reopened after Governor Kathy Hochul appointed James as special prosecutor on October 1. Hochul said she had lost faith in the local district attorney, who had initially declined to bring charges in 2024 but later said he would restart the inquiry. James, a Democrat, initially avoided commenting on her social media posts. At a debate on October 8, she addressed the issue directly. "Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy," she said.
James appointed Jacqueline Kelly as outside counsel on Wednesday. Kelly is a former federal prosecutor who handled the sex crimes case against Sean 'Diddy' Combs. Kelly and her team will manage evidence gathering and witness interviews while reporting to James. In a statement, James expressed confidence that Kelly "will lead a fair and comprehensive investigation."
Andrew Miltenberg, the attorney leading the removal effort, filed a response to the appointment. He argued that hiring Kelly "changes the face of the investigation" but "does not establish any change in ultimate authority." James' office declined to comment on the new court filings.
The civil lawsuit was filed in September by a former Cornell student identified as Jane Doe. She alleges that several men raped her at a fraternity party in 2024. The complaint states that some men pressured her into using ketamine and marijuana and served her alcohol that left her too intoxicated to consent. Not all men named in the suit are accused of rape.
