Tompkins County DA Reopens Cornell Fraternity Assault Investigation After New Video Emerges

Ithaca, New York — Tompkins County District Attorney Matthew Van Houten has announced the reopening of the criminal investigation into alleged sexual assaults involving members of the Chi Phi fraternity at Cornell University. The decision follows an updated review that identified inconsistencies between the accuser’s initial sworn statement and the claims detailed in a recent civil lawsuit.

According to Van Houten, the original statement submitted by the accuser, identified in court documents as Jane Doe, in November 2024 did not allege that she was drugged without consent or subjected to a gang rape. Instead, she had characterized her involvement in drug use and sexual activity as voluntary, conscious, and consensual.

CBS News New York has obtained exclusive video evidence of a group Snapchat conversation from the night of the alleged incident. The footage shows messages exchanged shortly after 1:42 a.m., including one fraternity member asking, “Shop still open?” regarding the availability of a woman for sex, to which another responded affirmatively.

Thomas Giuffra, the attorney representing Jane Doe, stated that none of the individuals named in the lawsuit have been arrested. He argued that his client was acting out of trauma and self-preservation when providing her initial account. Giuffra maintained that the original police report was materially consistent with the current lawsuit and criticized investigators for failing to fully pursue evidence such as the fraternity’s group chat records.

The civil complaint names seven defendants and broadly accuses them of sexual assault and rape, while specifically alleging that Scott Kretzschmar poured ketamine on Doe’s body and encouraged her to snort it. Jeremy Saland, Kretzschmar’s defense attorney, denied the allegation, citing a hair follicle test that reportedly showed no ketamine in his client’s system. Saland also claimed that Kretzschmar entered the room for only a few minutes and observed no signs of distress or undress.

Van Houten noted that a senior prosecutor with expertise in sex crimes is preparing the case for a grand jury, where new evidence and testimony from Doe can be considered. Kretzschmar’s legal team expressed confidence that the case would be dismissed again, mirroring the outcome of the previous review.

Andrew Miltenberg, attorney for another defendant, Gillio Lopes, released a statement affirming his client’s denial of the allegations. Miltenberg emphasized that the public claims now being made differ from those investigated by Cornell University previously and argued that Lopes should be judged on evidence rather than media reports.

Cornell University stated that it supports the district attorney’s decision to reopen the case. The university also noted that its internal Title IX process involved months of investigation and resulted in sanctions against those found responsible.