Kathy Hochul appoints Letitia James as special prosecutor to investigate alleged gang rape at Cornell

A statement from Hochul on Thursday night read, “Newly released information continues to raise serious questions about the investigation conducted by the Cornell Police Department and the decision by the Tompkins County District Attorney not to prosecute an alleged sexual assault on Cornell University’s campus in October 2024. This has, in turn, undercut my faith, and the public’s faith, in the District Attorney’s ability to effectively investigate and prosecute the case at this time.”

“For this reason, I have issued an executive order appointing Attorney General James as special prosecutor in this case. As special prosecutor, the Attorney General will investigate this incident and, if warranted, prosecute any offenses arising from that investigation and present evidence to a grand jury.

“The young woman at the center of this case deserves to know that every fact will be examined and justice pursued. This action will ensure that the matter is fully and thoroughly investigated without conflict or bias and handled independently with the rigor that this matter demands.”

The case stems from an October 2024 incident at Cornell University’s Chi Phi fraternity house. In a lawsuit filed in September by a woman referred only to Jane Doe, she accused seven men of sexually assaulting her over a span of hours at the house and being intoxicated with ketamine and alcohol. The suit claimed that she was propositioned for a threesome by a frat member and was “incapable of consenting to this proposition” due to her “drunken state.” She alleged that she was pressured to take ketamine, and marijuana, and was sexually assaulted.

She reported the incident to police on November 8. Tompkins County District Attorney Matthew Van Houten said on Monday that his office had reviewed her statement and determined at the time that the facts did not support criminal charges. He said the November 2024 statement “did not allege that she was drugged against her will or gang raped,” and that her statement had described her participation in sexual activities and drug use as “voluntary, conscious, and consensual.”

Cornell had conducted an investigation into the matter, with at least two Chi Phi brothers being expelled, others being suspended, and the fraternity being banned from campus. The involved members were also removed from the fraternity’s local chapter.

Van Houten’s office has reopened an investigation into the matter, with Van Houten saying that the allegations laid forth in Jane Doe’s September civil complaint are “dramatically different” than the statement she gave to police shortly after the incident.

In a press conference on Friday morning, James was questioned about her past comments regarding the case in support of the alleged victim.

A reporter asked, “Attorney General, on your Facebook page three days ago, you wrote, ‘What this young woman has been forced to endure is horrific and unacceptable. I'm holding her in my heart and in my prayers. To her and to all survivors, you're not alone. We stand with you.’ Why did you affirm her allegations as fact without doing your own fact-finding investigation? And to the governor, why did you appoint an official who made a public statement affirming those allegations as fact as someone who's supposed to be doing an investigation?”

Hochul replied, “I will answer that. I have every confidence in our Attorney General to do what she has always done. Look at the facts, examine the record, and draw the proper conclusions. That's exactly what's going to happen in this case.” James said she would not comment on a Facebook post.