DA Defends Decision Not to Charge Cornell Frat Brothers in Alleged Gang Rape

Tompkins County District Attorney Matthew Van Houten has defended his office's prior decision not to press charges against seven Cornell University fraternity brothers accused of gang rape, stating that while their alleged conduct was "disgusting, despicable and clearly wrong morally," it did not rise to the level of criminal activity.

Van Houten, speaking on Fox News, indicated that the accuser's detailed statement, submitted in November 2024, did not provide sufficient evidence of criminal violations. "The allegations, if accepted as true, did not allege violations of the penal law," he said. "There’s no probable cause to charge these men at that point with crimes."

This includes claims that the accuser was drugged, with Van Houten asserting that her written testimony stated she voluntarily consumed ketamine. He also addressed a Snapchat message reportedly sent by one of the accused fraternity brothers, which alluded to "free p—y" with the drugged accuser. Van Houten characterized the message as "disgusting" and "morally despicable," but not "dispositive as it relates to the penal law definition of consent."

The accuser filed a lawsuit on September 14, alleging that Cornell University mishandled her complaint. The lawsuit claims the university took inadequate action, including requiring the accused students to write essays. Cornell University has denied these claims.

The accuser's lawsuit details allegations of being drugged and subsequent gang rape at the Chi Phi fraternity house in Ithaca, New York, in October 2024. A group text message among the fraternity members, surfaced by the New York Post, contained a message promising "Free p***y in alum pu."

Van Houten confirmed that his office is reinvestigating the case due to the lawsuit, acknowledging that the accuser may have gained new insights. "We haven’t heard from her in two years, but clearly she has gained insight and has learned things and has processed things that may be new evidence," he stated. "So in the interest of justice, we want to put this case before the grand jury so that all the evidence can be considered, not just what we knew back in November of 2024."

The district attorney expressed hope for cooperation from the accuser and her attorney, who have indicated willingness to collaborate. The lawyer for one of the accused brothers, Scott Kretzschmar, dismissed the allegations as a "money grab" and "morally repugnant," welcoming further investigation.

The seven accused fraternity brothers are Matthew Ingalls, Johnathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, and Scott Kretzschmar. Wells Fargo confirmed it fired Diego Sarabia in connection with the allegations.