The criminal investigation into a former Cornell University student’s rape claim will be led by a Cornell alumna who has successfully prosecuted sexual offenses in federal court and now works in a private practice that represents women who’ve said they were trafficked or abused by Jeffrey Epstein.
New York Attorney General Letitia James on Wednesday named Jackie Kelly to conduct the investigation into whether Jane Doe’s allegations of a fraternity house gang rape merit criminal charges.
“I thank Attorney General James for entrusting me to lead this investigation with her office,” said Kelly. “All New Yorkers deserve a fair and thorough inquiry into the facts of this case. 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.”
New York Governor Kathy Hochul earlier removed the district attorney in Tompkins County, who had declined to bring criminal charges after reading a summary of Jane Doe’s statements to Cornell University police, in which she alleged in November 2024 that she had been raped by a group of men at the Chi Phi fraternity house. All seven of the fraternity brothers accused in the incident have denied wrongdoing
Hochul last month appointed James as special prosecutor and James has hired Kelly to gather and analyze the evidence and to conduct interviews.
“The Office of the Attorney General is committed to a thorough investigation guided only by the facts, the evidence, and the law,” said James. “Jacqueline Kelly is 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.”
Kelly works in private practice at Boies Schiller Flexner, where she represents victims of sexual assault. She previously worked as a federal prosecutor in the Southern District of New York, where, as the inaugural Civil Rights Unit Chief for the Criminal Division, she oversaw the prosecutions of music mogul Sean Combs, fashion mogul Peter Nygard and other sex-crime cases.
Tompkins County District Attorney Matthew Van Houten concluded in 2024 that what Jane Doe alleged, while “morally disturbing,” did not constitute rape under New York law. He had opted to reopen the investigation and bring the evidence to a grand jury before the governor removed him and appointed James to take over.
James is facing calls for her removal from two of the fraternity brothers Jane Doe named in her civil lawsuit. They have cited one of James’ social media posts before she was named special prosecutor.
“Attorney General James’s public statement, followed just three days later by her assignment to oversee the same matter, creates a serious appearance of prejudgment,” said Stuart Bernstein, an attorney for Gillio Lopes.
James has said the claims are without merit, and Hochul has said she has “every confidence” in James’ handling of the case.
According to the attorney general’s office, Kelly is facing no deadline to reach a conclusion. There is no statute of limitations for the most serious sex offenses in New York, but the two-year statute of limitation for misdemeanors has expired.
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