NEW YORK (AP) — Four men named in a former Cornell University student’s lawsuit are joining a co-defendant’s effort to block New York’s attorney general from leading a reopened criminal investigation into the woman’s gang rape allegations, according to court filings on Thursday.
The co-defendant’s lawyers said the men agreed to be added to a court petition that seeks Attorney General Letitia James' removal from the case because of social media posts she made prior to her involvement in which she condemned the alleged assault and expressed support for the accuser.
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The development comes a day after James appointed Jacqueline Kelly, a former federal prosecutor who oversaw sex crimes cases against music mogul Sean ‘Diddy’ Combs, as outside counsel for the investigation. She and a team of lawyers and investigators will be responsible for evidence gathering, witness interviews and other investigative steps. They will report to James.
A judge heard arguments last week on one of the accused men’s request to remove James but said he wouldn't rule without knowing if the six other lawsuit defendants backed the effort. He gave the man’s lawyers until Thursday to try to get them to join.
Lawyers for one of the four men agreeing to join had separately filed court papers seeking to have James removed. Two other men named as defendants in the lawsuit didn't have lawyers who could speak for them and did not provide a response, court filings said.
James' office declined to comment.
A former Cornell student identified in court papers as Jane Doe filed a lawsuit in September alleging that several men raped her at a fraternity party in 2024. The woman said some of the men pressured her into using ketamine and marijuana and that she drank alcohol that left her too intoxicated to consent. Not all of the men named were accused of rape.
James, a Democrat, posted about the case on X and Facebook on Sept. 28, linking to a news article about the lawsuit. “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.”
On Oct. 1, Gov. Kathy Hochul appointed James as special prosecutor overseeing the criminal investigation, saying that she had lost faith in the local district attorney, who declined to bring charges in 2024 but had said he would restart the investigation following the former student’s lawsuit.
James initially declined to comment about her social media posts but addressed them at an Oct. 8 debate, saying: “Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy."
In court, the state’s lawyers argued that Hochul has wide latitude to appoint special prosecutors and said she picked James because of her track record handling sensitive cases in the national spotlight.
In a statement on Wednesday, James said she is confident that Kelly “will lead a fair and comprehensive investigation.”
Andrew Miltenberg, a lawyer for the man spearheading the removal effort, said in a court filing that Kelly's appointment “changes the face of the investigation" but "does not establish any change in ultimate authority.”
