New York Gov. Kathy Hochul on Thursday appointed Attorney General Letitia James as special prosecutor in an alleged 2024 sexual assault at Cornell University, taking the case from the local district attorney.
Under Executive Order No. 64, James will investigate the allegations and, if warranted, present evidence to a grand jury and prosecute any offenses. Her jurisdiction supersedes that of the Tompkins County district attorney, who keeps only the powers she assigns.
In a statement, Hochul said newly released information raised serious questions about the Cornell Police Department’s investigation and the district attorney’s decision not to prosecute. “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,” she said.
The order states that District Attorney Matthew Van Houten declined to prosecute in November 2024 without speaking to the woman, identified in court papers as Jane Doe. It says he relied in part on her sworn statement to campus police.
That statement reportedly left out key parts of her account, including her unequivocal assertion that she had been sexually assaulted, according to the order.
“The young woman at the center of this case deserves to know that every fact will be examined and justice pursued.”
Van Houten has defended his 2024 decision. He said Doe’s sworn statement described her drug use and sexual conduct as voluntary and consensual, ABC News reported. He reopened the investigation in late September.
Her full statement, which later became public, included her description of the encounter as feeling like coercion. That detail did not appear in the district attorney’s summary, ABC reported.
Doe alleges that seven men drugged and sexually assaulted her at the Chi Phi fraternity house on Oct. 19-20, 2024. Attorneys for three of the men have denied the allegations, and no one has been charged.
She went to Cornell police on Nov. 8, 2024, and gave a formal statement six days later. The university suspended the fraternity chapter the day she came forward, and the chapter remains barred from campus.
The case resurfaced Sept. 16, when Doe sued the seven men, Cornell, the fraternity and others in state Supreme Court in New York County. Hochul called for an independent review of Cornell’s handling of the case on Sept. 29, and the university agreed.
The executive order directs James to conduct a full, independent investigation that includes gathering evidence, interviewing witnesses and reviewing investigative reports, scientific reports and recordings. It remains in effect until the governor changes or ends it.
