Governor replaces DA with New York AG Letitia James as special prosecutor in Cornell case

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 “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 served as the state’s 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 the Chi Phi fraternity in 2024.

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That student made a report to Cornell police about three weeks after the alleged incident, 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 defended its initial decision, saying Doe’s statement to police in 2024 “described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.”

Doe on Sept. 16 filed a lawsuit against the university, seven Chi Phi fraternity brothers, and other defendants. None of the seven were criminally charged.

The Chi Phi National fraternity said in a statement Sept. 18 that it could not discuss specific allegations during pending litigation but called the allegations “deeply concerning.” The fraternity’s 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.

The governor said the Doe at the center of the case “deserves to know that every fact will be examined and justice pursued.”

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Cornell rape allegation spotlights New York state consent laws

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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,” Hochul said.

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 it agreed to a call from Hochul for an independent investigation, and on Thursday night it backed James’ appointment.

“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.