Cornell rape probe handed to former federal prosecutor

New York Attorney General Letitia James appointed Jacqueline Kelly to lead a reopened criminal investigation into gang rape allegations at Cornell University. Kelly is a Cornell alumna and a partner at the law firm Boies Schiller Flexner. She will serve as outside counsel for the investigation.

The probe was triggered by a lawsuit filed in September by a former student. The plaintiff, identified in court documents as Jane Doe, alleged that several men raped her at a fraternity party in October 2024. She claimed the men pressured her into using ketamine and marijuana and served her alcohol that left her too intoxicated to consent.

Kelly previously served as a prosecutor in the Manhattan U.S. Attorney’s Office for nearly a decade. She led the civil rights unit within the criminal division. In that role, she oversaw investigations and prosecutions related to civil rights offenses, voting rights violations, sex crimes, and hate crimes. She left the office last year to join Boies Schiller Flexner, where she remains employed while conducting the Cornell inquiry.

James announced the appointment on Wednesday, one day after winning election to a third term as attorney general. Governor Kathy Hochul appointed James as special prosecutor for the case on October 1. Hochul said she lost faith in Tompkins County District Attorney Matthew Van Houten. Van Houten had declined to bring charges in 2024. He recently said he would restart the investigation following the lawsuit.

Kelly and a team of lawyers and investigators from her firm and the attorney general’s office will gather evidence and interview witnesses. They will also review investigative records and analyze applicable law. The team will report directly to James. James stated she is confident Kelly will lead a fair and comprehensive investigation. Kelly added that she looks forward to lending her experience to the office as they examine all available evidence.

Two men named as defendants in the lawsuit have asked a judge to remove James from the investigation. They argue James is biased because she posted support for the accuser on social media before her appointment. A judge has not yet ruled on that motion. James has said her investigation will take months.

The case has raised questions about how universities, police departments, and local prosecutors respond to campus sexual assaults. Last month, Cornell hired former U.S. Deputy Attorney General Sally Yates to review the school’s processes for investigating sexual assault and harassment. Yates will also examine the disciplinary process and campus police response.

James’s office has used outside counsel for investigations in the past. In 2021, she appointed former Manhattan U.S. Attorney Joon Kim and employment lawyer Anne Clark to investigate sexual harassment allegations against then-Governor Andrew Cuomo. That non-criminal investigation led to Cuomo’s resignation, though he denied the findings in their report.