Former federal prosecutor Jacqueline Kelly has been appointed to direct the criminal investigation into allegations that seven fraternity members sexually assaulted a student at Cornell University in 2024, New York Attorney General Letitia James announced Wednesday.
Kelly, an alumna of Cornell, previously served as the inaugural chief of the civil rights unit in the criminal division of the U.S. Attorney’s Office for the Southern District of New York. In her new role as outside counsel, she will possess decision-making authority over the probe, working alongside state attorneys and bringing personnel from her current law firm, Boies Schiller Flexner, CNN reported.
James said in a statement that her office remains dedicated to a process guided strictly by facts, evidence, and the law. Kelly stated that New Yorkers deserve an equitable review and noted that she looked forward to examining all accessible evidence, according to NBC News.
High-profile prosecutorial background
During her tenure as a federal prosecutor, Kelly helped oversee multiple prominent sex-crime matters. Her supervisory work included the prosecution of music executive Sean Combs, who was convicted on a prostitution-related charge while being cleared of racketeering and sex trafficking charges, NBC News reported. Combs received a 50-month prison sentence.
Kelly also oversaw cases involving Canadian fashion designer Peter Nygard, who was indicted in New York on sex trafficking charges, and Dr. Ricardo Cruciani, a physician accused of abusing patients across several states, The Guardian reported.
Kelly joined Boies Schiller Flexner as a partner last year, where her practice focuses on criminal matters, regulatory probes, and representing survivors of sexual assault.
Reopened campus investigation
The criminal inquiry was revived on Oct. 1 after New York Gov. Kathy Hochul issued an executive order designating James as a special prosecutor. Hochul stated she had lost confidence in Tompkins County District Attorney Matthew Van Houten following his choice not to bring charges in 2024.
The allegations surfaced publicly after a former student, identified as Jane Doe, filed a civil lawsuit in Manhattan Supreme Court. The woman alleged that seven members of the Chi Phi fraternity drugged and assaulted her over seven hours at the chapter house in October 2024, following what had started as a consensual encounter. Records reviewed by NBC News indicated campus police conducted interviews, but local prosecutors declined to charge anyone after reading a six-page statement from the accuser. All seven accused men have denied any wrongdoing.
Thomas Giuffra, an attorney representing the woman, welcomed Kelly’s appointment and praised the governor’s intervention, telling NBC News that they expect investigators will evaluate the distinct actions of each individual and consider all potential statutory charges.
Defense challenges to attorney general
The appointment comes amid ongoing legal efforts by defense attorneys to remove James from the case. Lawyers representing two of the accused men contend that comments James posted to social media in September demonstrated bias.
In a post on X before her official appointment as special prosecutor, James wrote that the ordeal the woman endured was unacceptable and said, “We stand with you.” James has maintained that her comments expressed empathy and that the probe will remain impartial.
Andrew Miltenberg, an attorney representing defendant Gillio Lopes, told NBC News that while his team welcomed Kelly’s selection, shifting leadership does not resolve concerns if James retains overriding authority. Scott Kretzschmar’s attorney, Jeremy Saland, also called Kelly’s appointment a positive step but questioned why state prosecutors with local experience were bypassed, reiterating that his client committed no crime.
State judges have not yet ruled on the disqualification bids. During a court hearing in Sullivan County last week, Judge James R. Farrell deferred a decision, noting that not all seven accused men had joined the petition, The Guardian reported.
