New York Governor Hochul appoints Attorney General as special prosecutor in Cornell sexual assault case

New York Governor Kathy Hochul has removed Tompkins County District Attorney Matthew Van Houten from overseeing the investigation into an alleged gang rape at Cornell University and handed the case to state Attorney General Letitia James as special prosecutor.

Hochul signed an executive order appointing James to take over the investigation after saying she had lost faith in Van Houten's ability to fairly handle the case. The move came after newly released information raised questions about how Cornell police and the district attorney's office handled the allegations, according to the Associated Press.

The case involves a former Cornell student identified as Jane Doe, who has alleged that she was drugged with ketamine and sexually assaulted by seven members of the Chi Phi fraternity at the university's Ithaca campus in October 2024. She reported the incident to campus police several weeks later. The investigation was initially closed without criminal charges in 2024. Van Houten reopened it on Monday after Doe filed a civil lawsuit against Cornell, seven fraternity members and other defendants.

Hochul said newly released information had raised "serious questions" about the Cornell Police Department's investigation and the district attorney's earlier decision not to prosecute. She said the developments had "undercut my faith, and the public's faith" in Van Houten's ability to investigate and prosecute the case. The governor also criticised the handling of Doe's interview with police. A transcript obtained by CBS News showed Doe telling investigators that she could say with "100 per cent confidence" that she had been raped. Van Houten has said his office did not receive the transcript before deciding not to pursue charges.

James said her office would review the facts, gather evidence and interview witnesses before deciding whether prosecution was warranted. As special prosecutor, her office can investigate the allegations, prosecute any offences arising from the probe if warranted and present evidence to a grand jury. The development comes amid renewed scrutiny of New York's laws concerning sexual assault and intoxication. Hochul said Friday that she would work with the state legislature to close what she described as a legal loophole involving victims who voluntarily consume alcohol or drugs. Cornell has defended its handling of the allegations and agreed to an independent review of its response to the case.