Governor replaces DA with New York AG Letitia James as particular prosecutor in Cornell case

New York Attorney General Letitia James has been appointed as particular prosecutor within the Cornell University sexual assault investigation, Gov. Kathy Hochul introduced Thursday, following rising scrutiny and uproar over how college police and the local district attorney’s office dealt with the matter two years in the past.

Hochul mentioned in a press release that “newly launched info continues to boost critical questions concerning the investigation,” which has in flip “undercut my religion, and the general public’s religion.”

She mentioned James, who has been lawyer basic since 2019, will take over the case of a former Cornell University student who alleged in a lawsuit final month that she was raped, sexually assaulted and plied with drugs by members of Chi Phi fraternity in 2024.

The pupil made a report back to Cornell police about three weeks after the incident she alleges, and the matter was investigated by the Tompkins County district lawyer, who mentioned he discovered “inadequate proof to help legal fees” on the time. This week, District Attorney Matthew Van Houten mentioned his workplace will take a look at the case once more, however he defended its initial decision, saying the girl’s assertion to police in 2024 “described her participation in drug use and sexual conduct as voluntary, aware, and consensual.”

The girl, recognized solely as Jane Doe, sued the college, seven Chi Phi fraternity brothers and different defendants on Sept. 16. None of the seven was criminally charged.

The Chi Phi nationwide fraternity mentioned in a press release Sept. 18 that it couldn’t talk about particular allegations throughout pending litigation. It referred to as the allegations “deeply regarding,” and its native chapter has been barred from campus.

“As particular prosecutor, the Attorney General will examine this incident and, if warranted, prosecute any offenses arising from that investigation and current proof to a grand jury,” Hochul mentioned.

She mentioned Jane Doe “deserves to know that each reality can be examined and justice pursued.”

“This motion will make sure that the matter is totally and completely investigated with out unrest or bias, and dealt with independently with the rigor that this matter calls for,” she mentioned.

Doe’s lawyer, Thomas Guiffra, praised James’ appointment Thursday, saying he and Doe “had no religion in DA Van Houten’s capacity or want to actively examine and prosecute this case.”

“We have been dismayed that shortly after we agreed to provide him all the help he wanted, he revealed an announcement which questioned whether or not a criminal offense was dedicated,” Guiffra mentioned. “The most up-to-date disclosure when he claimed that he by no means reviewed the transcript the place Ms. Doe mentioned “I’m 100% sure I used to be raped” was the final straw.”

Guiffra’s comment was an obvious reference to the transcript of Doe’s interview with campus police in 2024, which was reported by CBS News earlier this week. Van Houten informed NBC News on Wednesday that that particular allegation was not within the written assertion his workplace acquired from Cornell police on the time. NBC News has not reviewed that transcript.

Guiffra mentioned he meant to write down a letter to Hochul requesting she appoint a particular prosecutor, and mentioned he and Doe “stay up for working with Attorney General James to lastly acquire justice.”

James mentioned in a press release Thursday night: “Every New Yorker deserves to know that once they report a criminal offense, it is going to be investigated totally and pretty. The Governor has entrusted my workplace with this investigation, and we don’t take that duty evenly.”

“I stand prepared to steer a course of New Yorkers can belief, guided by the details and the legislation,” she added.

The college confirmed Wednesday that it agreed to Hochul’s name for an unbiased investigation, and it backed James’ appointment Thursday night time.

“Cornell helps Governor Hochul’s choice to assign this case to the New York Attorney General’s Office,” the college mentioned in a press release.

Van Houten didn’t instantly reply Thursday night time to emailed requests for remark.