New York Attorney General Letitia James stepped back from the 'Cornell 7' criminal investigation after being accused of bias, naming a former federal prosecutor who oversaw Sean 'Diddy' Combs's prosecution to lead the sexual assault pr
obe.
James announced Wednesday that she had appointed Jacqueline Kelly to lead the investigation into a former Cornell University student's allegations that multiple men raped her at a fraternity party in October 2024.
Gillio Lopes, one of the Chi Phi fraternity brothers accused in the lawsuit filed by the woman only identified as Jane Doe, alleged James was biased last month. She had been named as special prosecutor in the Cornell sexual assault case by New York Gov. Kathy Hochul.
Lopes's lawyer, Stuart Bernstein, claimed the attorney general had 'shown she is not objective.'
What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers.
— NY AG James (@NewYorkStateAG) September 28, 2026
To her, and to all survivors: you’re not alone. We stand with you.https://t.co/az4ViQwgy1
'To her, and to all survivors: you're not alone,' she added. 'We stand with you.'
Kelly, a former civil rights unit chief for the US Attorney's Office for the Southern District of New York's criminal division, will serve as outside counsel for James's investigation.
As a federal prosecutor, Kelly supervised the investigation and prosecution in Combs's federal sex trafficking and racketeering case. The music mogul was convicted on two counts of transportation for the purposes of prostitution but acquitted on the more serious charges.

New York AG Letitia James announced Wednesday that she had appointed Jacqueline Kelly to lead the investigation into Jane Doe's allegations that multiple men raped her in October 2024

Kelly supervised the investigation and prosecution in Sean 'Diddy' Combs's federal sex trafficking and racketeering case

The attorney general called Kelly a 'seasoned prosecutor who has overseen numerous cases from investigation through trial.'
'With her criminal legal expertise, commitment to public service, and judicial experience, I am confident that she will lead a fair and comprehensive investigation,' James said.
Kelly is currently a partner at international law firm Boies Schiller Flexner (BSF). She is a graduate of Cornell and Columbia Law School.
James said Kelly, plus her team of attorneys and staff from the Office of the Attorney General and BSF, would conduct witness interviews, review previous investigative records and reports and gather and analyze evidence.
'All New Yorkers deserve a fair and thorough inquiry into the facts of this case,' Kelly said. 'I look forward to lending my years of experience as a federal prosecutor to the Office of the Attorney General as we examine all available evidence.'
The announcement for Kelly's appointment said the Attorney General's office started looking for potential outside counsel on October 1, the same day Hochul named James as special prosecutor.
James, a Democrat, addressed her X post about the Cornell case on October 8 during a debate against Republican challenger Saritha Komatireddy.
'Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy,' she said.
James appointed Kelly one day after being reelected as attorney general in a race she was widely expected to win.

Gillio Lopes, one of the Chi Phi fraternity brothers accused by Jane Doe, accused James of having 'shown she is not objective'

Lopes alleged James's post 'made clear that she has formed an opinion' about the Jane Doe case (Picture of the Chi Phi fraternity house)
Lopes, who was suspended for three semesters and placed on academic probation for two years following his alleged role in the sexual assault case, argued that James had 'unequivocally demonstrated a bias and presumption of guilt' against him.
All of the men accused by Jane Doe have denied any wrongdoing and none have been charged with a crime.
A petition filed by Lopes on October 7 in Albany County Supreme Court viewed by the Daily Mail claimed James's post 'made clear that she has formed an opinion' about the Jane Doe case.
It alleged that James 'believe[d] the allegations made by Jane Doe' and that she had 'already reached the conclusion' that Lopes and the other accused men were guilty.
Lopes's petition added that James 'is not and cannot remain neutral in investigating this matter,' as his attorneys called for Hochul's appointment of the attorney general as special prosecutor to be voided.
Kaitlin Vigars, an assistant attorney general representing James, claimed the attorney general's 'expressions of empathy on social media do not indicate bias or that she prejudged the investigation,' per a response filed October 22 viewed by the Daily Mail.
James's response said she had made a 'singular statement expressing empathy for a person who drew national attention after reporting that she was the victim of a sexual assault.'
An attorney for Lopes, Andrew Miltenberg, fired back five days later and alleged that James 'treated the alleged assault as an established crime before conducting the proposed independent/unbiased investigation she was subsequently appointed to undertake.'
As of Wednesday, Lopes's case against James and Hochul remained open.
![Winston Lee, a second fraternity brother accused by Jane Doe, has also accused James of having 'already decided that [Jane] Doe is a victim of sexual assault'](/images/2026/11/04/4acf1e95d7b87c5df860877184329e28.jpg)
Winston Lee, a second fraternity brother accused by Jane Doe, has also accused James of having 'already decided that [Jane] Doe is a victim of sexual assault'

Two of Lee's attorneys, Marc Agnifilo (left) and Teny Geragos (right), were part of Combs's defense team. They are pictured in October 2024
Miltenberg said Kelly's appointment 'changes the face of the investigation without establishing any change in ultimate authority.'
'Nothing announced today states that Attorney General James has recused herself, relinquished supervisory or charging authority, or surrendered the ability to direct, approve, reject, or override substantive prosecutorial decisions,' he told The New York Times on Wednesday.
Winston Lee, a second fraternity brother accused by Jane Doe, has also pushed for James to be removed from the case.
A motion filed by Lee's attorneys, Teny Geragos, Marc Agnifilo and Jacob Kaplan, argued in Tompkins County Court that James's statements had 'prejudiced grand jurors' against him, according to an affidavit obtained by LAmag.
The legal filing claimed that James had 'already decided that [Jane] Doe is a victim of sexual assault.' Lee's case is pending.
A spokesperson for James's office told NBC News in response that it was 'committed to conducting a comprehensive review of nothing but the facts, the evidence, and the law.'
Geragos and Agnifilo, who represent Lee, were previously part of Combs's high-powered defense team.
The Daily Mail reached out to Kelly, James's office, Lopes's attorneys and Lee's attorneys for comment.
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