Cornell DA did not review additional evidence in alleged frat house assault case

Cornell University police interviewed witnesses and received anonymous tips concerning an alleged gang rape at the Chi Phi fraternity house in October 2024, yet the Tompkins County district attorney’s office did not examine that information before declining to prosecute.

District Attorney Matthew Van Houten said his decision was based on the victim’s original six-page statement to police, which he said did not allege criminal conduct. Police records obtained by NBC News show that investigators documented additional interviews and a Snapchat data request that yielded 1,665 items, of which only three mentioned the victim and none were deemed criminal.

Van Houten told investigators that the fraternity members had declined to speak on attorney advice, and he asserted there was “nothing to review.” He also said his office had no role in the timing of notifying the victim of the decision, which was communicated by Cornell police on Jan. 21, 2025, nearly two months after the November 25 determination.

Governor Kathy Hochul announced the appointment of Attorney General Letitia James as a special prosecutor to reassess whether charges are appropriate.

Jane Doe’s attorney, Thomas Giuffra, said his client believed the investigation was ongoing during the two-month gap and was unaware that prosecutors had already decided not to pursue the case.