A New York district attorney declined to review additional evidence gathered by Cornell University police before deciding not to pursue criminal charges in a gang rape investigation, according to newly obtained records.
The records, obtained by the New York Times, show that on November 25, 2024, a Cornell investigator told a member of the Tompkins County district attorney’s office that campus police had conducted additional interviews. Prosecutors did not ask to review the evidence and instead agreed that, based on a six-page statement from the former student known as Jane Doe, “criminal charges would not be pursued in this case.”
But before prosecutors declined to pursue charges, Cornell police had conducted interviews, reviewed messages, logged tips and contacted people connected to the case. The investigation continued through January 2025, but prosecutors did not review the additional evidence, a decision not previously reported, according to The Times.
The case stems from a civil lawsuit filed last month by Jane Doe, who alleges she was drugged and gang-raped by seven Chi Phi fraternity members in October 2024. All of the men have denied wrongdoing, and none has been criminally charged. New York officials are now reviewing the case in light of the civil lawsuit.
A spokesperson for the Tompkins County D.A.’s Office pushed back on The Times’ report in a statement to The Independent Saturday, saying: “The ‘interviews’ being cited were essentially each of the seven suspects telling the police that they would not speak to them on the advice of counsel.”
After the civil lawsuit, there was strong reaction from many questioning why the fraternity members weren’t charged, raising questions about rape on the nation’s college campuses and whether Cornell officials handled it properly.
The handling of the case is now under renewed scrutiny and criticism that has made national headlines. On Friday, New York Gov. Kathy Hochul criticized Cornell police and the district attorney before appointing Attorney General Letitia James as a special prosecutor with the authority to bring criminal charges.
Tompkins County District Attorney Matthew Van Houten reportedly told The Times Thursday that additional records gathered by Cornell police were “not pertinent to our analysis because we had Jane Doe’s comprehensive account of the events.”
Van Houten has defended his decision not to prosecute, saying Jane Doe’s police statement “described her participation in drug use and sexual conduct as voluntary, conscious and consensual.” The statement did not establish a crime under New York law, he claimed.
Former prosecutors and legal experts have questioned the decision to rely primarily on the campus police investigation.
“We would never rely on a campus police investigation,” Rick Trunfio, a former upstate New York sex crimes prosecutor and Syracuse University law professor, told The Times. “There are too many problems with that.”
Trunfio said the case should have been handled by a specialized police or prosecution team.
“You think Cornell University wants to report something like that?” he added.
A Cornell representative who speaks for campus police declined The Times’ request for comment, citing pending litigation.
The Independent has contacted Cornell for comment.
According to Jane Doe’s account, she went to the Chi Phi fraternity house after being invited by a fraternity member she had romantic feelings for. She said she initially consented to sex with him and another man, but then became increasingly intoxicated after drinking alcohol, smoking marijuana and taking a drug she was told was ketamine, which she said she was pressured to take.
She said the ketamine, which she had never taken before, left her in a state of “vague consciousness” and that she was largely unable to defend herself or understand what was happening. As more men entered the room – some after a Snapchat message advertised that a woman was available for sex – she said she felt trapped and “cornered” while naked in the bed, she told investigators.
Doe alleged that multiple men sexually assaulted her without her consent, including two men who she said performed sex acts on her while she was partially incapacitated. She also said another man kissed her without consent, while two others stood nearby watching. She told investigators that some men snorted drugs from her unclothed body.
