New York Attorney General Letitia James has been appointed as special prosecutor in the Cornell University sexual assault investigation, Gov. Kathy Hochul announced Thursday, following increasing scrutiny and uproar over how university police and the local district attorney’s office handled the matter two years ago.
Hochul said in a statement that “newly released information continues to raise serious questions about the investigation,” which has in turn “undercut my faith, and the public’s faith.”
She said James, who has been attorney general since 2019, will take over the case of a former Cornell University student who alleged in a lawsuit last month that she was raped, sexually assaulted and plied with drugs by members of Chi Phi fraternity in 2024.
The student made a report to Cornell police about three weeks after the incident she alleges, and the matter was investigated by the Tompkins County district attorney, who said he found “insufficient evidence to support criminal charges” at the time. This week, District Attorney Matthew Van Houten said his office will look at the case again, but he defended its initial decision, saying the woman’s statement to police in 2024 “described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.”
The woman, identified only as Jane Doe, sued the university, seven Chi Phi fraternity brothers and other defendants on Sept. 16. None of the seven was criminally charged.
The Chi Phi national fraternity said in a statement Sept. 18 that it could not discuss specific allegations during pending litigation. It called the allegations “deeply concerning,” and its local chapter has been barred from campus.
“As special prosecutor, the Attorney General will investigate this incident and, if warranted, prosecute any offenses arising from that investigation and present evidence to a grand jury,” Hochul said.
She said Jane Doe “deserves to know that every fact will be examined and justice pursued.”
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“This action will ensure that the matter is fully and thoroughly investigated without conflict or bias, and handled independently with the rigor that this matter demands,” she said.
Doe’s attorney, Thomas Guiffra, praised James’ appointment Thursday, saying he and Doe “had no faith in DA Van Houten’s ability or desire to actively investigate and prosecute this case.”
“We were dismayed that shortly after we agreed to give him all the assistance he needed, he published an announcement which questioned whether a crime was committed,” Guiffra said. “The most recent disclosure when he claimed that he never reviewed the transcript where Ms. Doe said “I am 100% certain I was raped” was the last straw.”
Guiffra’s remark was an apparent reference to the transcript of Doe’s interview with campus police in 2024, which was reported by CBS News earlier this week. Van Houten told NBC News on Wednesday that that specific allegation was not in the written statement his office received from Cornell police at the time. NBC News has not reviewed that transcript.
Guiffra said he intended to write a letter to Hochul requesting she appoint a special prosecutor, and said he and Doe “look forward to working with Attorney General James to finally obtain justice.”
James said in a statement Thursday evening: “Every New Yorker deserves to know that when they report a crime, it will be investigated fully and fairly. The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly.”
“I stand ready to lead a process New Yorkers can trust, guided by the facts and the law,” she added.
The university confirmed Wednesday that it agreed to Hochul’s call for an independent investigation, and it backed James’ appointment Thursday night.
“Cornell supports Governor Hochul’s decision to assign this case to the New York Attorney General’s Office,” the university said in a statement.
Van Houten did not immediately respond Thursday night to emailed requests for comment.
