Editor’s note: This article references sexual assault.
Gov. Kathy Hochul (D-N.Y.) issued an executive order appointing New York State Attorney General Letitia James (D-N.Y.) to lead the criminal investigation as special prosecutor in the alleged 2024 Chi Phi gang rape case, according to a Thursday press release.
The decision will give James oversight of the criminal investigation. This comes after Tompkins District Attorney Matthew Van Houten reopened a criminal investigation into the alleged assault on Monday.
“I’ve lost faith in the Tompkins County DA’s ability to fairly oversee it,” Hochul wrote on X.
A special prosecutor serves as counsel independent of the office that would typically oversee a case. A special prosecutor is appointed to a case in order “to avoid potential conflicts of interest” or provide expertise in the subject matter.
Hochul stated that appointing James as the special prosecutor will ensure the case is “handled independently with the rigor that this matter demands” in a Thursday press release.
“Every New Yorker deserves to know that when they report a crime, it will be investigated fully and fairly,” James wrote in a Thursday statement. “The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly.”
The criminal investigation comes after a former Cornell student, identified as Jane Doe, filed a lawsuit against the University, Chi Phi and others on Sept. 14, alleging that she was sexually assaulted and gang raped after being coerced into consuming drugs at Cornell’s Chi Phi fraternity house in 2024.
Hochul wrote that newly released information regarding the case has “raised serious questions” about the Cornell University Police Department’s investigation and Van Houten’s decision to not pursue criminal charges against the listed defendants in 2024.
The University backed James’ appointment Thursday night, according to NBC.
Van Houten has come under fire for his decision to not escalate the case into a criminal investigation in November 2024.
In a Monday statement, Van Houten wrote that Doe’s sworn statement in 2024 “did not allege that she was drugged against her will or gang raped.” Van Houten added that CUPD never provided him with an image of a Chi Phi Snapchat group chat included in the lawsuit in a Monday interview — a claim that Cornell contradicted on Tuesday.
The image shows a defendant allegedly messaging about “free pussy” in a Snapchat group chat titled “Chi Phi Actives” on the night of the alleged assault.
The appointment comes after James launched an investigation into Cornell’s response to the case on Tuesday, the same day that Hochul requested an independent review of the University’s handling of the case. Cornell agreed to move forward with this review on Wednesday, according to a post from Hochul.
Prior to her appointment as special prosecutor, James voiced her support for Doe in a Monday X post. She expressed solidarity with all survivors and shared her thoughts on the allegations.
“What this young woman has been forced to endure is horrific and unacceptable,” James wrote. “I’m holding her in my heart and in my prayers.”
Hochul wrote in the Thursday press release that appointing James to oversee the criminal investigation “will ensure that the matter is fully and thoroughly investigated without conflict or bias.”
“The young woman at the center of this case deserves to know that every fact will be examined and justice pursued,” Hochul wrote.
Van Houten did not immediately respond to a request for comment.
Varsha Bhargava is a member of the Class of 2027 in the College of Agriculture and Life Sciences. She is the managing editor of the 144th Editorial Board and was a news editor for the 143rd Editorial Board. She can be reached at vbhargava@cornellsun.com.
Kate Turk is a member of the Class of 2027 in the College of Arts and Sciences. She is the assistant managing editor of the 144th board and was an assistant news editor for the 143rd Editorial Board. She can be reached at kturk@cornellsun.com.
Shubha Gautam is a member of the Class of 2028 in the College of Arts and Sciences. She is an assistant news editor for the 144th Editorial Board and can be reached at sgautam@cornellsun.com.
