DA did not review witness statements and other evidence Cornell police collected in alleged gang rape of student

Cornell University police spoke to witnesses and received anonymous tips about an alleged gang rape at a fraternity house in the first weeks of its investigation two years ago, but the local prosecutor did not review the additional information before deciding not to bring charges.

Tompkins County District Attorney Matthew Van Houten said he based his decision not to pursue charges on the accuser’s initial six-page statement given to police.

Investigators from the campus police department documented those witness interviews and other steps taken to determine whether Jane Doe, a 20-year-old woman who reported the incident, was the victim of sexual assault during a party at the Chi Phi house from Oct. 19 to 20, 2024, according police records obtained by NBC News.

Documents reviewed by NBC News offer the most thorough look to date at how police handled the allegations from Jane Doe, who last month filed a lawsuit against Cornell University and seven Chi Phi brothers who she alleges sexually assaulted her over the course of hours while she was under the influence of ketamine, alcohol and marijuana.

Van Houten, along with police and university officials, has come under intense fire for their handling of the matter. Jane Doe’s attorney has argued that she was failed by authorities who did not conduct a thorough investigation and who prejudged the events based on her earlier statement that she consented to parts of the night.

Gov. Kathy Hochul on Thursday announced the appointment of Attorney General Letitia James as special prosecutor to consider whether charges are appropriate.

“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, Hochul asked Friday at a news conference announcing James’s appointment.

On Nov. 25, 2024, a police investigator approached Van Houten’s office to tell them about interviews they’d done.

An investigator in Van Houten’s office, according to the documents, 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.”

Van Houten defended his decision Monday and said that Jane Doe’s statement did not allege criminality. He also agreed to reopen his inquiry before that 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.”

Van Houten 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.

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The records also show that police were receiving fragments of a larger Snapchat thread where 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.

“Similarly there was no material obtained by CUPD from Snapchat (what was provided came from a witness),” Van Houten added. “So again nothing to review.”

It was unclear whether Van Houten was aware that on Nov. 26, 2024, police made a request to 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 CUPD 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 only notified by Cornell police about the district attorney’s Nov. 25 determination not to pursue charges nearly two months later on, Jan. 21, 2025.

Van Houten added that his office had “no part in the timing” of conveying his decision to Jane Doe, who was never interviewed by his office.

Thomas Giuffra, the attorney representing Jane Doe, learned about that delay from NBC News’ request for comment Friday. He said that his client — during that two-month window — believed “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.”

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.