New York Attorney General Letitia James has appointed Jacqueline Kelly, a former federal prosecutor who oversaw the case against Sean "Diddy" Combs, to lead the criminal investigation into a former Cornell University student's allegations of rape.
James stepped back from the "Cornell 7" investigation after one of the accused fraternity brothers, Gillio Lopes, alleged that the attorney general displayed bias. Lopes's lawyer claimed James was not objective, citing a social media post by James expressing empathy for the accuser. The attorney general had initially been named special prosecutor in the case by New York Governor Kathy Hochul.
Kelly, described by James as a "seasoned prosecutor who has overseen numerous cases from investigation through trial," will serve as outside counsel. She previously led the investigation and prosecution in Combs's federal sex trafficking and racketeering case. Kelly, a Cornell graduate, is currently a partner at the law firm Boies Schiller Flexner (BSF).
James stated she is confident Kelly's "criminal legal expertise, commitment to public service, and judicial experience" will ensure a fair and comprehensive investigation. Kelly echoed this sentiment, saying, "All New Yorkers deserve a fair and thorough inquiry into the facts of this case." She added that she looks forward to applying her experience to examine all available evidence.
The attorney general's office began seeking outside counsel on October 1, the same day Hochul appointed James as special prosecutor. James addressed the social media post that drew accusations of bias on October 8, stating that "those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy."
Lopes argued that James's post "made clear that she has formed an opinion" about the case and alleged that she had "already reached the conclusion" that he and the other accused men were guilty. His petition sought to void Hochul's appointment of James as special prosecutor. An assistant attorney general representing James responded that her "expressions of empathy on social media do not indicate bias or that she prejudged the investigation," characterizing it as a "singular statement expressing empathy for a person who drew national attention after reporting that she was the victim of a sexual assault."
Attorneys for Lopes countered that James had "treated the alleged assault as an established crime before conducting the proposed independent/unbiased investigation." Lopes's case against James and Hochul remains open.
Another accused fraternity brother, Winston Lee, has also sought James's recusal. His legal team argued that James's statements had "prejudiced grand jurors" against him and claimed she had "already decided that [Jane] Doe is a victim of sexual assault." A spokesperson for James's office maintained that the office is "committed to conducting a comprehensive review of nothing but the facts, the evidence, and the law."
Attorneys representing Lee, Teny Geragos and Marc Agnifilo, were notably part of Sean "Diddy" Combs's defense team.
Attorneys for Lopes expressed concern that Kelly's appointment "changes the face of the investigation without establishing any change in ultimate authority," noting that no announcement stated James had relinquished supervisory or charging authority.