Tompkins County DA’s Office Faces Questions in Cornell Case
Cyberzenhub.com – The Tompkins County DA’s office is facing renewed scrutiny after records indicated prosecutors declined to review additional material gathered by Cornell University Police before deciding not to pursue criminal charges in a reported sexual assault case.
The woman, identified in public records as Jane Doe, was 20 when she reported being sexually assaulted by multiple men at the Chi Phi fraternity house. Her initial report to campus police described an alleged rape involving eight to 10 men, but that description was not included in the condensed statement later sent to prosecutors.
New York Gov. Kathy Hochul removed Tompkins County District Attorney Matthew Van Houten from the matter and appointed New York Attorney General Letitia James as special prosecutor. The reassignment puts the case under new review and raises questions about how evidence moved from campus investigators to county prosecutors.
Additional Cornell Police Material Was Not Reviewed
By late November 2024, Cornell police had gathered information beyond Jane Doe’s initial statement. Investigators pursued anonymous leads, interviewed witnesses and contacted attorneys for people accused in the case. Several fraternity members also received persona non grata notices barring them from designated campus areas.
On Nov. 25, 2024, Cornell police investigator Jeffrey Northrup contacted an investigator in the Tompkins County DA’s office about interviews conducted after Northrup met with Jane Doe. Notes from that exchange said prosecutors did not intend to pursue criminal charges.
Northrup wrote that the county investigator said he and several attorneys had read Jane Doe’s statement and concluded that charges would not move forward based on that account. The additional interviews and records collected by Cornell police were not reviewed before that decision.
Early Report Included a Direct Allegation
Campus police records described Jane Doe’s first report in direct terms, stating that an undergraduate student said she had recently been raped by eight to 10 men at the Chi Phi fraternity house.
“A female undergraduate student reported that she was recently raped by 8-10 men at the Chi Phi fraternity house.”
That wording did not appear in the six-page condensed account provided to the Tompkins County DA’s office. The difference became central to concerns over whether prosecutors had a complete account of the allegations and related investigative work before making a charging decision.
Hochul criticized Cornell University Police Department’s handling of the referral, saying officers had the first opportunity to hear Jane Doe’s account and ask follow-up questions.
“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.”
District Attorney Cites Incomplete Information
Van Houten said he supports the appointment of a special prosecutor. After Hochul’s decision, he said it had become clear that his office had not received the full picture from the university.
“It has become clear that we were not provided the full picture by the University.”
Before the reassignment, Van Houten defended the decision not to prosecute, saying the statement received by his office did not allege nonconsensual sexual conduct in a way that met New York’s legal definition of the offense.
“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.”
Tompkins County FAQ
Why was a special prosecutor appointed? Hochul removed Van Houten from the case and appointed Attorney General Letitia James after questions emerged about whether prosecutors received and reviewed all available Cornell police material.
What information did prosecutors review? Records indicate the Tompkins County DA’s office reviewed a condensed statement from Jane Doe but did not review additional interview records and other material gathered by Cornell police before declining to pursue charges.
What happens next? The special prosecutor’s review will determine how the case proceeds after examining the available records and investigative material.
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