RismadarVoice Reporters
October 3, 2026
The district attorney who declined to pursue criminal charges over an alleged sexual assault involving a Cornell University student did not review additional witness information gathered by campus police before reaching the decision, according to police records.
Tompkins County District Attorney Matthew Van Houten reportedly based the decision largely on a six-page statement initially provided to investigators by the student, identified in court documents as Jane Doe.
The woman, who was 20 at the time, has alleged in a civil lawsuit against Cornell University and seven members of the Chi Phi fraternity that she was sexually assaulted over several hours at the fraternity house in Ithaca in October 2024.
The allegations remain disputed, and the appointment of a special prosecutor means authorities are reviewing whether criminal charges are warranted.
Police records indicate that Cornell University investigators interviewed witnesses and received anonymous tips while examining the allegations.
On November 25, 2024, a Cornell police investigator informed the district attorney’s office about interviews conducted during the investigation.
An investigator with the prosecutor’s office subsequently indicated that several prosecutors had reviewed Jane Doe’s written statement and concluded that criminal charges would not be pursued based on the information contained in it.
Van Houten has defended the decision, saying the statement available to prosecutors at the time did not establish criminal conduct.
He later said there was “nothing to review” from certain interviews referenced by police because fraternity members had declined to speak on the advice of their lawyers.
However, questions have since emerged over whether prosecutors were aware of or reviewed other witness interviews and anonymous information gathered by campus police before reaching their initial decision.
Investigators also obtained Snapchat records connected to the case.
Police initially received part of a conversation containing a reference to “free p” in an alumni room where Jane Doe has said an initially consensual encounter occurred.
Cornell police sought additional Snapchat records on November 26, 2024, and received 1,665 pieces of data from five accounts the following month.
According to the police records, an investigator determined that only three messages referred to Jane Doe or the incident and concluded that they did not appear to provide evidence of criminal conduct.
Jane Doe was informed on January 21, 2025, that prosecutors had decided not to bring charges, nearly two months after the initial decision was made.
Her lawyer, Thomas Giuffra, said she had believed during that period that the criminal investigation remained active.
Questions have also been raised about the medical response following the alleged incident.
Police records show that Jane Doe underwent a sexual-assault examination and evidence collection on November 7, approximately two weeks after the alleged encounter.
Giuffra said she had previously sought treatment at Cornell’s health centre but was not offered a sexual-assault examination at that stage. He argued that an earlier referral might have provided an opportunity to collect additional forensic evidence.
New York Governor Kathy Hochul subsequently appointed Attorney General Letitia James as special prosecutor to independently review the case and determine whether criminal charges are appropriate.
Hochul has publicly questioned aspects of the initial handling of the case, including why prosecutors did not interview Jane Doe or review the complete transcript of her initial police interview before deciding against prosecution.
The appointment of a special prosecutor does not itself establish wrongdoing by any person involved in the case.
The allegations against the fraternity members have not been proven in criminal court, and the matter remains under review.
