Gov. Hochul questions DA in Cornell 'gang rape' case: 'How is this woman denied justice?'
New York Governor Kathy Hochul said Friday that the actions taken by law enforcement and local prosecutors who probed the alleged "gang rape" that took place at a Cornell fraternity in 2024, prompted her to appoint State Attorney General Letitia James as a special prosecutor in the case.
A visibly frustrated Hochul stood beside James during a news conference in Manhattan and accused the Tompkins County district attorney's office of not doing the "bare minimum" to investigate Jane Doe's claim when she went to the police after the alleged incident.
"I want the truth," Hochul said. "How is this woman denied justice?"
Late last month, the former student, listed as Jane Doe, filed a civil lawsuit alleging that she was drugged, assaulted and "gang raped" by seven former and current members of the Chi Phi fraternity at Cornell on Oct. 19, 2024.
Jane Doe alleged that she declined to participate in some of the sexual activity and that the incidents at Chi Phi fraternity house "felt like coercion," according to a copy of the 2024 police report obtained by ABC News.
Tompkins County District Attorney Matt Van Houten told ABC News that the Cornell University Police Department's six-page summary of Jane Doe's allegations convinced him to decline to bring charges.
Hochul said during a news conference in her Manhattan office that the district attorney should have interviewed Jane Doe and relied on more than a "partial record."
Hochul chided the DA's office for not doing more to investigate the victim's claims.
"In what world does the district attorney not interview her or even request the full transcript?" Hochul asked. "She spoke to the police. She sat for hours and told them what happened to her."
Van Houten said in a statement Friday that he supports the governor's decision to remove him from the case and pledged his cooperation with the attorney general.
"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," he said.
In an interview with ABC News, Van Houten said that he relied on the investigation conducted by Cornell Police and said his office didn't "independently investigate" the allegations.
James pledged a full and fair investigation.
"I stand ready to lead a process guided by the facts and the law," she said. "We will review the facts, gather evidence, interview witnesses and, if warranted, pursue prosecutions."
"A comprehensive investigation of this nature takes time, but my office is committed to seeing it through," she added.
Thomas P. Giuffra, Jane Doe's attorney, said Friday that he and his client are "pleased" the governor appointed a special prosecutor because "contradictions between the district attorney's statements and those of the Cornell police have been shocking."
"We applaud her efforts to properly investigate these crimes and look forward to working with Attorney General James on her investigation," he said in a statement.
Attorneys for two of the accused men have denied the allegations, and a third accused man has also denied the allegations.
James' appointment as special prosecutor comes five days after Van Houten said he would reopen the investigation into the former student's allegations.
Van Houten said in a statement on Sunday that his office was considering whether to bring criminal charges related to the incident, though he said the allegations in the civil complaint are "dramatically different" than the woman's statement to police two years ago.
On Wednesday, Cornell University agreed to initiate an independent investigation into how the Ivy League school handled the allegations, Hochul told ABC News.
Hochul called for the outside review, saying the allegations raised "serious questions about Cornell campus culture" and whether the university is doing all it can to protect students.
"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 Cornell spokesperson said in a statement provided to ABC News.
Hochul also called on the state legislature to close a purported legal loophole that hinders investigations and prosecutions looking into similar incidents.
"If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol," the governor said. "Voluntary intoxication is not a license for sexual assault or gang rape. Period."
