Cornell Accuser's Lawyer May Seek Special Prosecutor Over DA's Handling of Case
The attorney for a student alleging she was gang-raped by Cornell fraternity members criticizes the district attorney's investigation and suggests a special prosecutor could be appointed.
The lawyer representing a student who alleges she was gang-raped by Cornell University fraternity brothers has stated he may request a special prosecutor, citing alleged mishandling of the case by the Tompkins County District Attorney's office.
Thomas Giuffra, the accuser's lawyer, expressed concern over the "defensive posture" taken by District Attorney Matthew Van Houten regarding the initial handling of the allegations. Giuffra questioned the suitability of the DA's office to continue investigating the case, suggesting that a special prosecutor might be more appropriate.
Van Houten recently announced he is reopening the investigation into the woman's claims. This decision follows the filing of a civil lawsuit earlier this month against the accused fraternity members and Cornell University. The district attorney stated he was unaware of certain accusations detailed in the lawsuit.
Giuffra criticized the initial probe, stating he was "surprised" that "no meaningful investigation was done." He pointed out that the Ithaca Police Department confirmed no authorities reported the incident to them. "It would have been more appropriate for [Van Houten] to acknowledge the inadequate actions as opposed to engaging in the defensive posture that he has engaged in," Giuffra said.
He further elaborated on the perceived shortcomings of the initial investigation, suggesting that Cornell University Police are ill-equipped for such matters. "Cornell Police do not handle serious crimes and are better equipped to break parties and do crowd control at football games, not conduct a major criminal investigation," Giuffra stated. He added that the department's failure to follow up on a group chat, which contained messages suggesting sexual activity, and interview witnesses indicated they were "in over its head."
The group chat messages reportedly included phrases like "Free pussy in alum pu" and questions about whether a sexual encounter was still possible. Giuffra emphasized that his client had come forward to report what she believed to be rape and sexual abuse, expecting her complaints to be taken seriously.
Three of the named fraternity brothers in the lawsuit—Scott Kretzschmar, Scott Norris, and Gillio Lopes—have denied the allegations. Diego Sarabia, another accused fraternity brother, was reportedly fired from his banking job on Tuesday.
Giuffra asserted that his client was in a state of shock when she initially reported the incident to campus police and should have been interviewed by a trained sex-crimes investigator. He believes significant opportunities to conduct a thorough criminal investigation were missed, with the responsibility falling to a university police force unequipped for the task.
Van Houten did not immediately respond to requests for comment. Both Governor Hochul and the Mayor of Ithaca have criticized Cornell University's handling of the investigation. Cornell maintains that its own internal investigation resulted in some student expulsions, with Giuffra claiming at least two students were expelled.