Documents reviewed by ABC News indicate that the Tompkins County District Attorney’s office declined to examine materials gathered by Cornell University Police beyond a brief summary of the accuser’s testimony before deciding against filing criminal charges in a high-profile 2024 gang rape case.
The case centers on allegations made by a then-20-year-old Cornell student, identified in records as Jane Doe, who reported being attacked at the Chi Phi fraternity house. On November 25, 2024, Cornell University Police Department (CUPD) investigator Jeffrey Northrup contacted a prosecutor at the Tompkins County DA’s office to discuss additional interviews conducted with the complainant and witnesses.
By that time, university investigators had pursued anonymous tips, interviewed witnesses, contacted attorneys representing the accused, and issued “persona non grata” notices to several fraternity members, restricting their access to certain campus areas. Despite this extensive investigative work, the DA’s office reportedly relied solely on a six-page summary of Jane Doe’s statements rather than reviewing full interview transcripts or other evidentiary materials.
According to Northrup’s notes, prosecutors informed him that several attorneys at the DA’s office had reviewed the summary and unanimously agreed that criminal charges would not be pursued based on the statement alone. The New York Times first reported that the DA declined to review additional interview transcripts.
The handling of the case sparked significant political backlash. New York Governor Kathy Hochul accused the district attorney of failing to do “the bare minimum” and requested the removal of Tompkins County District Attorney Matthew Van Houten from the case. In response, Hochul appointed New York Attorney General Letitia James as special prosecutor to reopen the investigation.
Van Houten stated he supported his removal and pointed to incomplete information provided by the university. “It has become clear that we were not provided the full picture by the University,” Van Houten said in a statement.
Governor Hochul criticized Cornell University Police for submitting an incomplete narrative. “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 press conference.
Records obtained by ABC News show that when Jane Doe first reported the incident, authorities memorialized her account as: “A female undergraduate student reported that she was recently raped by 8-10 men at the Chi Phi fraternity house.” However, this detail was absent from the condensed version provided to the DA, according to the documents.
In a statement, Cornell University expressed full support for the appointment of the special prosecutor and committed to an independent external review of how the institution handled the case. The university also pledged support for efforts to reform New York State’s rape laws.
Previously, Van Houten defended the decision not to prosecute, arguing that the allegations, as received, did not meet the legal definition of nonconsensual sexual activity under New York State Penal Law. He emphasized that the DA’s office does not advise police to alter facts or coerce witnesses into changing statements to secure charges, calling such actions “blatantly improper and unethical.”
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