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Tompkins County District Attorney Matthew Van Houten decided not to pursue charges in a Cornell University gang rape case without reviewing key evidence gathered by campus police. That evidence included witness interviews and anonymous tips collected during the early weeks of the investigation. Van Houten said he based his decision solely on the accuser’s initial six-page statement given to police.
The case involves Jane Doe, a 20-year-old woman who reported being sexually assaulted at a Chi Phi fraternity house party on the night of October 19 to 20, 2024. Last month, she filed a lawsuit against Cornell University and seven Chi Phi brothers. She alleges they assaulted her over several hours while she was under the influence of ketamine, alcohol, and marijuana.
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Police Gathered Evidence the DA Never Saw
Cornell University Police Department investigators documented witness interviews and other investigative steps in the weeks following the reported assault. However, Van Houten’s office did not review that material before closing the case. Police records obtained by NBC News confirm the scope of the campus investigation.
On November 25, 2024, a police investigator contacted Van Houten’s office to inform them about interviews conducted during the inquiry. According to documents reviewed by NBC News, an investigator in the DA’s office replied that attorneys there had already read Jane Doe’s statement. The response stated that they all agreed criminal charges would not be pursued based on that statement alone.
When contacted for comment, Van Houten argued there was nothing to review. He said the interviews flagged by police involved fraternity members who declined to speak on the advice of their attorneys. He did not respond to a follow-up question asking whether police also told him about interviews with other fraternity members or about tips received from outside callers.
Snapchat Data and Social Media Evidence
Police also received fragments of a larger Snapchat thread during the investigation. In that thread, one member of the group announced there was “free p—-” in the alumni room of the house. That room was where Jane Doe said she initially engaged in a consensual encounter.
On November 26, 2024, campus police submitted a formal data request to Snapchat. Snapchat responded on December 23, providing 1,665 pieces of data from five accounts. After reviewing the data, a CUPD investigator wrote that only three Snapchat messages referenced Jane Doe or the incident. The investigator concluded that none of the three messages showed anything criminal and noted no further action was taken.
Van Houten commented on the Snapchat evidence as well. He said no material came directly from Snapchat to his office and that what police shared came from a witness. He again argued there was nothing for his office to review.
Two-Month Delay in Notifying the Victim
Jane Doe did not learn about the DA’s decision until January 21, 2025. That was nearly two months after Van Houten’s office made its determination on November 25, 2024. During that entire period, she believed investigators were still actively working on her case.
Her attorney, Thomas Giuffra, learned about the delay through NBC News’ request for comment. He said his client had no idea the case had already been closed. “I was unaware that they had made the decision to not prosecute in November,” Giuffra said. “If so, that is worse than I thought.”
Van Houten said his office had no part in the timing of notifying Jane Doe. He also confirmed that his office never directly interviewed her at any point.
Governor Appoints Special Prosecutor
The handling of the Cornell rape case has drawn sharp criticism from officials at multiple levels. Jane Doe’s legal team argues that authorities prejudged the events based on her earlier statement, in which she acknowledged consenting to parts of the evening. Her attorneys say investigators failed to conduct a thorough inquiry.
New York Governor Kathy Hochul responded by appointing Attorney General Letitia James as special prosecutor on Thursday. James will consider whether criminal charges are appropriate. At a news conference on Friday, Hochul questioned the DA’s approach directly. “In what world does the district attorney not even interview her or anyone else involved, or even request the full transcript?” she asked.
Van Houten defended his original decision on Monday. He said Jane Doe’s statement did not allege criminality. He also agreed to reopen his inquiry before the attorney general formally took over the role. The Cornell rape case now moves forward under state-level oversight as pressure mounts on local officials over how they handled the allegations from the start.
