DA Failed to Review Additional Evidence Collected by Cornell Police About Alleged Student Gang Rape

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

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

Campus Police Department investigators 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 a sexual assault at a Chi Phi house party on Oct. 19-20, 2024, according to police records obtained by NBC News.

The documents reviewed by NBC News offer the most in-depth look yet at how police handled allegations by Jane Doe, who last month filed a complaint against Cornell University and seven Chi Phi brothers who she says sexually assaulted her for hours while she was under the influence of ketamine, alcohol and marijuana.

Van Houten, along with police and university officials, have faced heavy criticism for their handling of the case. Jane Doe’s attorney argued that she was betrayed by authorities who failed to conduct a thorough investigation and who prejudged events based on her earlier statement that she consented to parts of the night.

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

“In what world does the prosecutor not question 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’ appointment.

On November 25, 2024, a The police investigator approached Van Houten’s office to tell them about the interviews they had conducted.

An investigator in Van Houten’s office, according to the documents, responded that “he and several (attorneys) from 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 filed in this case.”

Van Houten defended his decision Monday and said Jane Doe’s statement did not allege criminality. He also agreed to reopen his investigation before that role was assigned to the attorney general.

When reached by email Friday for comment, Van Houten asserted that “there was nothing to verify” in this discussion with police because the reported interviews “were each fraternity member refusing to speak on the advice of their attorney.”

Van Houten did not respond to a follow-up request asking whether he had been informed of interviews with other fraternity members in addition to the callers’ advice.

The recordings also show that police were receiving fragments of a larger Snapchat thread in which a member of the group announced that there was free “f—-” in the house’s alumni room, where Jane Doe had engaged in what she said was initially a consensual threesome.

“Similarly, CUPD did not obtain any material from Snapchat (what was provided was from a witness),” Van Houten added. “So again, nothing to review.”

It is unclear whether Van Houten knew that on November 26, 2024, police requested a more complete data history from Snapchat.

This request was answered on December 23, when police said they obtained 1,665 pieces of data from five Snapchat accounts.

“After reviewing all the data returned by Snapchat, it appears that there are only 3 Snapchats that include (Jane Doe) or mention this incident,” a CUPD investigator wrote. “None of these 3 Snapchats show anything that could be construed as criminal in nature. No further action was taken.”

Jane Doe was only informed by Cornell police about the district attorney’s Nov. 25 decision 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 of the delay through NBC News’ request for comment Friday. He said his client – ​​during that two-month window – believed “they were still investigating”.

“I didn’t know they made the decision not to prosecute in November,” Giuffra said. “If that’s the case, it’s 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, and Incest National Network (RAINN), can connect you with your local rape crisis center. You can also access RAINN’s online chat service at rainn.org/get-help.