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

New York Lawyer Basic Letitia James has been appointed as particular prosecutor within the Cornell College sexual assault investigation, Gov. Kathy Hochul introduced Thursday, following rising scrutiny and uproar over how college police and the native district lawyer’s workplace dealt with the matter two years in the past.

Hochul stated in an announcement that “newly launched info continues to lift severe questions concerning the investigation,” which has in flip “undercut my religion, and the general public’s religion.”

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

The scholar 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 stated he discovered “inadequate proof to assist legal fees” on the time. This week, District Lawyer Matthew Van Houten stated his workplace will have a look at the case once more, however he defended its preliminary determination, saying the girl’s assertion to police in 2024 “described her participation in drug use and sexual conduct as voluntary, acutely aware, and consensual.”

The lady, recognized solely as Jane Doe, sued the college, seven Chi Phi fraternity brothers and different defendants on Sept. 16. Not one of the seven was criminally charged.

The Chi Phi nationwide fraternity stated in an announcement Sept. 18 that it couldn’t talk about particular allegations throughout pending litigation. It known as the allegations “deeply regarding,” and its native chapter has been barred from campus.

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

She stated Jane Doe “deserves to know that each reality will likely be examined and justice pursued.”

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

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 stated. “The newest disclosure when he claimed that he by no means reviewed the transcript the place Ms. Doe stated “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 Information earlier this week. Van Houten instructed NBC Information on Wednesday that that particular allegation was not within the written assertion his workplace acquired from Cornell police on the time. NBC Information has not reviewed that transcript.

Guiffra stated he supposed to write down a letter to Hochul requesting she appoint a particular prosecutor, and stated he and Doe “look ahead to working with Lawyer Basic James to lastly receive justice.”

James stated in an announcement Thursday night: “Each New Yorker deserves to know that after they report a criminal offense, will probably be investigated totally and pretty. The Governor has entrusted my workplace with this investigation, and we don’t take that accountability evenly.”

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

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

“Cornell helps Governor Hochul’s determination to assign this case to the New York Lawyer Basic’s Workplace,” the college stated in an announcement.

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

Seven Cornell College college students are accused of drugging and raping a fellow scholar at a Chi Phi social gathering in 2024.

Daniel Arkin, Adam Reiss and Abigail Brooks contributed.