New York Gov. Kathy Hochul (D-NY) said she was “deeply disturbed” by how Cornell University police and the Tompkins County district attorney’s office handled allegations of a 2024 sexual assault at the university.
Hochul announced she was appointing New York Attorney General Letitia James as special prosecutor for the case Thursday, just days after Tompkins County District Attorney Matthew Van Houten said he was reopening the case based on new information contained in a civil lawsuit filed by the alleged victim.
“I’m deeply disturbed at Cornell University’s police and how they handled this,” Hochul said during a Friday press conference. “They were the first ones to be able to interview and have their questions answered, and yet this young woman told her story.”
Hochul specifically criticized the transmission of a partial investigative record to Van Houten’s office, questioning why prosecutors did not interview the woman themselves.
“Them sending a partial record over is, in my judgment, a failure,” Hochul said.
Hochul said James’s office would investigate what information was available to law enforcement and prosecutors and determine who knew what and when.
“We don’t know enough, but what is coming out beyond what everyone was told initially … is very contradictory and conflicting,” Hochul said. “And I want the truth.”
The appointment transfers the investigation to James’s office, which will have authority to investigate the allegations, prosecute any offenses it determines are warranted and present evidence to a grand jury.
Hochul also questioned whether the case exposed a gap in New York’s sexual assault laws, saying the law should not distinguish between voluntary intoxication involving drugs or alcohol when determining whether someone was capable of consenting.
“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” Hochul said. “Voluntary intoxication is not a license for sexual assault or gang rape. Period.” Hochul said she would work with the state lawmakers to address the issue in the next legislative session.
The case centers on a former Cornell student identified as Jane Doe in court filings. She filed a civil lawsuit in September against Cornell, seven current or former students, fraternity and sorority organizations, and a local bar, alleging she was sexually assaulted at the Chi Phi fraternity house in October 2024.
According to the lawsuit, Doe had been drinking before going to the fraternity house and alleged that fraternity members pressured her into consuming ketamine before sexually assaulting her while she was incapacitated. The lawsuit also alleged that fraternity member Johnathan Newell sent a Snapchat message to a group chat referring to “free p****” upstairs.
Doe reported the incident to Cornell police in November 2024. The university subsequently suspended the Chi Phi chapter while conducting a Title IX investigation, which resulted in disciplinary action against students. Cornell has said it provided investigators with information from its internal investigation.
No criminal charges were filed at the time.
Van Houten announced Sept. 28 that his office would reopen the criminal investigation and said he planned to present the case to a grand jury. He has said Doe’s initial sworn statement to police differed substantially from the allegations in her later civil complaint.
Hochul was asked Friday whether she would seek to remove Van Houten as district attorney.
“I don’t have enough information at this time,” Hochul said. “Again, this is very early in the questioning. I’m not going to draw conclusions until I have the full picture.”
A timeline of Jane Doe’s allegations of Cornell gang rape
James said her office would not focus on Van Houten’s conduct as part of the criminal investigation.
“Our investigation is a criminal investigation based upon all of the facts, and so at this point in time, we will not be focusing on the actions of the district attorney,” James said.