Tompkins County DA’s office declined to review additional material on ‘gang rape’ case from Cornell PD, docs show

Tompkins County DA’s Office Faces Case Review Questions

Tyunews.com – The Tompkins County DA’s office declined to review additional material collected by Cornell University Police before deciding not to pursue charges in a former Cornell student’s reported gang rape case, according to newly examined records.

The woman, publicly identified as Jane Doe, was 20 when she reported being assaulted at the Chi Phi fraternity house. She initially spoke with police in October 2024. On Nov. 25, 2024, Cornell University Police investigator Jeffrey Northrup contacted an investigator with the district attorney’s office about work completed after his interview with her.

A note describing that contact says Cornell police had conducted further interviews, followed anonymous leads, spoken with witnesses, and communicated with attorneys for people accused in the matter. Several fraternity members also received persona non grata notices limiting their access to certain campus areas.

Records show prosecutors received a condensed account

Documents indicate the Tompkins County DA’s office relied on a six-page summary of Jane Doe’s statement rather than the wider body of material gathered during the university police investigation. Northrup wrote that the district attorney’s investigator and several prosecutors had read the woman’s statement and concluded that charges would not be pursued.

Campus police records describing Jane Doe’s first report used more explicit language, stating that an undergraduate had reported being raped by eight to 10 men at the Chi Phi fraternity house. That characterization did not appear in the shorter account sent to prosecutors.

Tompkins County District Attorney Matthew Van Houten previously said the statement received by his office did not describe nonconsensual sexual conduct as defined by New York law.

“If the allegations do not set forth the elements of criminal conduct under the New York State Penal Law even if we assume them to be true, we obviously cannot advise the police that criminal charges are appropriate,” Van Houten said.

He also said prosecutors could not ask police to change facts or encourage a witness to alter a statement to create grounds for criminal charges.

Hochul appoints special prosecutor

New York Gov. Kathy Hochul criticized the handling of the matter and removed Van Houten from the case. She appointed New York Attorney General Letitia James as special prosecutor, placing the investigation outside the Tompkins County DA’s office.

Hochul also criticized Cornell University Police for sending what she described as an incomplete narrative instead of a fuller account of the allegations and investigative work.

“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 Friday news conference.

Van Houten supported the governor’s decision, saying it had become clear that his office had not received the complete picture from the university. Cornell said it supports a special prosecutor, proposed changes to New York’s rape law, and an independent external review of the university’s response.

Tompkins County case FAQ

Why was a special prosecutor appointed? Hochul removed the local district attorney from the matter and named Attorney General Letitia James after criticizing how the allegations and related material were handled.

What additional material did Cornell police collect? Records say investigators conducted further interviews, pursued anonymous leads, spoke with witnesses, and communicated with attorneys representing accused individuals.

What is the central question in the review? The review focuses on what investigators knew, what Cornell police shared with prosecutors, and whether the material considered by the Tompkins County DA’s office fully reflected Jane Doe’s account.