Four men named in a former Cornell University student’s lawsuit are joining a co-defendant’s effort to block New York Attorney General Letitia James from leading a reopened criminal investigation into the woman’s gang rape allegations. The development was detailed in court filings on Thursday.
The men agreed to be added to a court petition seeking James’ removal from the case, citing social media posts she made prior to her involvement in which she condemned the alleged assault and expressed support for the accuser. Lawyers for one of the four men had previously filed separate court papers seeking James’ disqualification.
This legal challenge comes shortly after James appointed Jacqueline Kelly, a former federal prosecutor, as outside counsel to oversee the investigation. Kelly and her team will be responsible for evidence gathering and witness interviews, reporting directly to James.
Last week, a judge heard arguments on an initial request to remove James but deferred a ruling, pending the support of the other defendants named in the lawsuit. Lawyers were given until Thursday to secure their participation.
Court filings indicated that two other men named as defendants did not have legal representation that could comment on their position. The attorney general's office declined to comment on the matter.
The case originated with a lawsuit filed in September by a former Cornell student, identified as Jane Doe. The suit alleges that she was gang-raped at a fraternity party in 2024. The lawsuit claims that some of the men pressured her into using ketamine and marijuana and that she consumed alcohol, leaving her too intoxicated to consent. Not all men named in the suit are accused of rape.
Following the lawsuit's filing, Governor Kathy Hochul appointed James as special prosecutor to oversee the criminal investigation. Hochul stated she had lost faith in the local district attorney, who had initially declined to bring charges but agreed to restart the investigation after the lawsuit was filed.
James, a Democrat, had previously posted about the case on social media platforms, linking to a news article about the lawsuit and stating, “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.” In response to criticism, she later described her comments as demonstrating empathy, which she believes is needed in public discourse.
Lawyers for the state have argued in court that Hochul has broad authority to appoint special prosecutors and selected James for this role due to her experience with high-profile cases. James has expressed confidence that Kelly will conduct a fair and comprehensive investigation.
Andrew Miltenberg, an attorney representing the man spearheading the removal effort, stated that while Kelly’s appointment “changes the face of the investigation,” it does not alter the “ultimate authority” in the case.