NY Governor Appoints Special Prosecutor in Cornell Rape Probe After DA Declines Evidence Review

New York Gov. Kathy Hochul has appointed Attorney General Letitia James as a special prosecutor in the alleged gang rape case at Cornell University, accusing the Tompkins County District Attorney's office of failing to conduct a thorough investigation. The decision came after documents revealed the DA's office declined to review additional material gathered by Cornell University Police Department (CUPD) beyond a summary of the accuser's initial statement.

Tompkins County District Attorney Matthew Van Houten stated he supported the governor's decision, attributing the lack of charges to incomplete information from the university. "It has become clear that we were not provided the full picture by the University," Van Houten said in a statement.

According to documents reviewed by ABC News, CUPD investigator Jeffrey Northrup contacted the DA's office on Nov. 25, 2024, to inform them of interviews conducted after the initial statement from the woman, identified as Jane Doe. By that time, Cornell police had interviewed witnesses, followed up on anonymous tips, and issued notices barring several fraternity members from parts of campus. Northrup noted in a memo that prosecutors had indicated they would not pursue charges based solely on Doe's initial statement, stating, "they all agreed that, based on [her] statement, criminal charges would not be pursued in this case."

Hochul criticized the CUPD for its handling of the initial report. "They were the first ones to be able to interview and have their questions answered and let this young woman tell her story. Them sending a partial record over is in my judgment, a failure," Hochul said during a news conference Friday.

Van Houten had previously defended his office's decision not to prosecute, arguing that Doe's statement, as presented to the DA's office, did not meet the legal definition of nonconsensual sexual activity under New York law. "If the allegations do not set forth the elements of criminal conduct under the New York State Penal Law even if we assume them to be true, we obviously cannot advise the police that criminal charges are appropriate," Van Houten said in a prior statement. He also emphasized that his office would not improperly influence police to alter facts or statements.

The university issued a statement indicating full support for the special prosecutor's appointment and a commitment to an independent external review of how Cornell handled the case. They also expressed support for efforts to change New York State's rape laws.