Several men accused in the Cornell Seven civil lawsuit are continuing their effort to remove Attorney General Letitia James from the related criminal investigation despite her appointment of an outside lawyer to lead it.
Their argument focuses on who retains authority over the investigation, rather than Jacqueline Kelly’s qualifications.
FingerLakes1 reported Nov. 4 that James appointed Kelly, a former federal civil rights prosecutor and Cornell graduate, as outside counsel.
The attorney general’s announcement said Kelly would lead attorneys and staff from the office and Boies Schiller Flexner, where she is a partner. The team reports to the attorney general’s office.
That reporting relationship is central to the continuing challenge.
Andrew Miltenberg, an attorney for Gillio Lopes, argued in a filing last week that Kelly’s appointment did not establish that James had relinquished supervisory or charging authority, the Times Union reported.
Five of the men have joined the effort to remove James, according to the report.
The challenge concerns public statements James made supporting the woman identified as Jane Doe before Gov. Kathy Hochul appointed the attorney general’s office as special prosecutor.
The men’s attorneys contend those statements raise questions about impartiality. James has opposed the effort to remove her, and her office says the investigation will follow the evidence and law.
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The criminal inquiry concerns an alleged October 2024 assault at Cornell’s Chi Phi fraternity house. The accused men deny wrongdoing.
Kelly’s appointment did not announce criminal charges or resolve the separate civil lawsuit.
The challenge over prosecutorial authority also is separate from the university’s outside review of its own response and the Faculty Senate’s no-confidence vote covered by FingerLakes1.
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