Gov. Hochul says N.Y. AG James will investigate Cornell gang rape allegation

Gov. Kathy Hochul has tapped New York Attorney General Letitia James as special prosecutor in the Cornell University alleged rape case.

Hochul delivered impassioned remarks Friday morning as she discussed her decision. She expressed shock and dismay at the allegations, and grave concern about how authorities handled the case after the woman initially came forward to police. 

“At every turn, she was failed by people and institutions with an obligation to protect her,” Hochul said. 

Hochul, James on the investigation

“According to new reports, she could not have been clearer that she was 100 percent confident that she had been raped. Yet, shockingly, those words never made it into the account that Cornell police sent to prosecutors,” Hochul said. “Think about that. In what world would the police learn from a victim that she’d been literally gang raped while she was intoxicated by five men in a fraternity house and not elevate those allegations to the district attorney? In what world does the district attorney not even interview her or anyone else involved or even request the full transcript?” 

Hochul said “new reporting raises serious questions about the information [the Tompkins County district attorney’s] office relied upon” when it made the initial decision not to prosecute the case. 

James “will follow the facts. She’ll examine the evidence and go wherever it leads, and if the evidence supports charges, she will pursue them,” Hochul said. 

“No institution gets to protect its reputation at the expense of a young person seeking justice. No public official gets to look the other way when the system breaks down and fails our young people. And as governor I will not allow anyone to sweep this case under the rug,” Hochul said. 

New effort to close “a gap in state law”

Hochul said the case exposed “a gap in state law. If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape, period.” 

Hochul said she will work with lawmakers to address that “loophole.” 

“I stand ready to lead a process guided by the facts and the law,” James said. “We will review the facts, gather evidence, interview witnesses and, if warranted, pursue prosecutions. I know that you want answers. I do too. A comprehensive investigation of this nature takes time, but my office is committed to seeing it through. This is now an active criminal investigation led by the Office of the Attorney General.” 

Questions about Cornell police and DA’s actions 

The governor said she “deeply disturbed” by how Cornell police handled the case. 

“Them sending a partial record over [to the Tompkins County DA] is, in my judgment, a failure. We’ll have the attorney general and others find out if this is actually the case of what happened. But somebody knew more than they were letting people know,” Hochul said. “But when the district attorney receives something and it has information about allegations that have happened with an encounter with five people at a fraternity, and you don’t take the time to interview this young woman and ask more questions and rely on a partial record? This is what I’m talking about.”

Hochul signed an executive order for James’ appointment Thursday. In her announcement she said newly released information about the case “undercut my faith, and the public’s faith, in the [Tompkins County DA]’s ability to effectively investigate and prosecute the case at this time.”

“We don’t know enough, but what is coming out beyond what everyone was told initially … it is very contradictory and conflicting. And I want the truth. I think every parent in this state, every New Yorker, wants the truth in this case,” she added. “Who knew what when? What did they do wrong? Why didn’t they come forward? How was this woman denied justice?” 

Earlier this week, CBS News New York’s Mahsa Saeidi obtained a copy of the interview transcript with campus police from a source and read Tompkins County DA Matthew Van Houten a line.

“And she says ‘I can say with 100% confidence I was raped,'” Saeidi said. 

“That wasn’t information that I had, first of all. Second of all, that’s a legal conclusion,” Van Houten said. “If she had said those words, we certainly would want to have explored that more.”

“Well, according to the complaint, she did say those words,” Saeidi said. 

“Well, like I said, that wasn’t provided to me,” Van Houten said. 

Cornall initially said its university police department shared all investigatory information with the DA, then later said it shared the victim’s sworn statement and a Snapchat screenshot with the DA. 

“The question is who is telling the truth? Are the Cornell police lying or is the district attorney lying? Somebody is, because in that statement, which I couldn’t get because it was police investigation materials, she clearly said ‘I was 100% raped,'” said Thomas Giuffra, the attorney for the woman known as Jane Doe who claims she was raped by multiple men at a frat house in 2024.

Hochul and James were asked whether the DA should step down. Hochul said it was too early in the investigation. 

“Our investigation is a criminal investigation based upon on all of the facts. And so, at this point in time, we will not be focusing on the actions of the district attorney,” James said. 

“I support the appointment of Attorney General James and I trust that she will examine the facts and apply the law. It has become clear that we were not provided the full picture by the University. The focus has been and should continue to be on the victims. My office with cooperate fully with the Attorney General,” Van Houten said Friday.   

“We fully support the appointment of a special prosecutor and efforts to change New York State’s rape law and are committed to an independent external review of all aspects of how Cornell has handled this case,” a spokesperson for the university said.

NYC Mayor Mamdani says he supports James as special prosecutor

New York City Mayor Zohran Mamdani took to social media to announce his support for Hochul’s decision. 

“The allegations in the Cornell sexual assault case are deeply disturbing and gut-wrenching. Cornell University has failed this survivor. I fully support Governor Hochul’s decision to name Attorney General James as special prosecutor in this case and look forward to the complete and extensive investigation that is to come.  Accountability and justice cannot simply be values, they must also be delivered,” Mamdani wrote. 

Background on the case

A former Cornell student alleges she was drugged and raped by multiple men at the university’s Chi Phi fraternity house in October 2024. The student’s lawyer says after an internal investigation, two of the accused frat members were expelled and others received lesser sanctions, including suspensions, workshops or essays.

The university said the sanctions included expulsions and suspensions.

“None of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement,” part of a statement read. 

The Tompkins County DA’s office said at the time, “there was insufficient evidence to support criminal charges.”

The student has now filed a lawsuit against the university and seven men, claiming they failed to protect her and prevent the alleged assault. CBS News New York reached out to all of the accused and has heard back from attorneys for two, who deny the allegations. A lawyer for a third man has publicly denied another client’s wrongdoing, according to the New York Times. 

The DA’s office then announced it was reopening the case.

Hochul previously called for outside counsel to review Cornell’s response to the allegations and said the university agreed to the investigation.