Tompkins County D.A. Did Not Review Witness Statements Before Declining Charges in Alleged Cornell Frat Rape, Records Show
ITHACA, N.Y. — Cornell University police interviewed witnesses and fielded anonymous tips in the early weeks of their investigation into an alleged gang rape at a fraternity house in late 2024, according to police records obtained by NBC News. Yet the Tompkins County district attorney did not review that additional material before deciding not to bring charges.
District Attorney Matthew Van Houten has said his decision was based on the initial six-page statement Jane Doe, a 20-year-old woman, gave to police. She reported being sexually assaulted during a party at the Chi Phi house from Oct. 19 to Oct. 20, 2024.
The records reviewed by NBC News provide the most detailed accounting to date of how campus police handled Jane Doe’s allegations. She has since sued Cornell University and seven Chi Phi brothers, alleging they sexually assaulted her over hours while she was under the influence of ketamine, alcohol and marijuana.
The case has drawn intense criticism of Van Houten, campus police and university officials. Jane Doe’s attorney, Thomas Giuffra, has argued that authorities failed her by not conducting a thorough investigation and by prejudging the night based on her earlier statement that she consented to parts of it.
On Thursday, Gov. Kathy Hochul appointed Attorney General Letitia James as special prosecutor to consider whether charges are appropriate. At a Friday news conference announcing the appointment, Hochul asked: “In what world does the district attorney not even interview her or anyone else involved, or even request the full transcript” of the victim’s interview?
Records describe early contacts with prosecutors
On Nov. 25, 2024, a police investigator approached Van Houten’s office to tell prosecutors about interviews they had conducted. According to the documents, an investigator in the district attorney’s office replied that “he and several [attorneys] at the District Attorney’s Office had read [Jane Doe’s] statement … [and] stated that they all agreed that, based on [Jane Doe’s] statement, criminal charges would not be pursued in this case.”
Cornell University in Ithaca, N.Y., on Friday. Credit: Heather Ainsworth for NBC News
Van Houten defended his decision Monday and said Jane Doe’s statement did not allege criminality. He also agreed to reopen his inquiry before the role was assigned to the attorney general.
When reached for comment by email Friday, Van Houten argued “there was nothing to review” in that discussion with police because the interviews flagged “were each of the frat members declining to speak on the advice of their attorney.” He did not respond to a follow-up request asking whether he was told about interviews with other fraternity members in addition to tips from callers.
Snapchat data and a two-month delay
The records also show that police received fragments of a larger Snapchat thread in which one member of the group announced there was “free p----” in the alumni room of the house, where Jane Doe engaged in what she said was initially a consensual threesome.
Van Houten added: “Similarly there was no material obtained by CUPD from Snapchat (what was provided came from a witness). So again nothing to review.”
It was unclear whether Van Houten was aware that on Nov. 26, 2024, police asked Snapchat for a more complete data history. That request was answered on Dec. 23, when police said they obtained 1,665 pieces of data from five Snapchat accounts.
“After reviewing all of the data returned from Snapchat, there appeared to be only 3 snapchats that included [Jane Doe] or mentioned this incident,” a Cornell University Police Department investigator wrote. “None of these 3 snapchats show anything that can be construed as being criminal in nature. No further action taken.”
Jane Doe was not notified by Cornell police about the district attorney’s Nov. 25 determination not to pursue charges until nearly two months later, on Jan. 21, 2025.
Van Houten said his office had “no part in the timing” of conveying his decision to Jane Doe, whom his office never interviewed.
Giuffra, Jane Doe’s attorney, learned about the delay from NBC News’ request for comment Friday. He said his client believed during that two-month window that “they were still investigating.”
“I was unaware that they had made the decision to not prosecute in November,” Giuffra said. “If so, that is worse than I thought.”
What the case means
The dispute has become a flashpoint over how campus sexual assault allegations are investigated and how quickly prosecutors weigh evidence. The appointment of the state attorney general as special prosecutor is a rare intervention that could change the case’s legal trajectory and intensify scrutiny of communication between campus police and the district attorney’s office. It also raises questions about what accusers are told—and when—after prosecutors decide not to file charges.
If you or someone you know has been sexually assaulted, call the National Sexual Assault Hotline at 1-800-656-4673. The hotline, run by the Rape, Abuse, & Incest National Network (RAINN), can put you in contact with your local rape crisis center. You can also access RAINN’s online chat service at rainn.org/get-help.
This article was originally published on NBCNews.com.