New York's governor removes district attorney from Cornell rape allegations case, appoints special prosecutor

The Associated Press

· Posted: Oct 01, 2026 10:10 PM EDT | Last Updated: 17 minutes ago

WARNING: This article may affect those who have experienced​ ​​​sexual violence or know someone affected by it.

New York Gov. Kathy Hochul appointed a special prosecutor Thursday to oversee an investigation into a woman's allegations that she was gang raped at a Cornell University fraternity house, with the governor saying she had lost faith in the local district attorney's ability to handle the case.

Hochul said she had signed an executive order appointing the office of New York Attorney General Letitia James as the special prosecutor.

"Newly released information continues to raise serious questions about the investigation conducted by the Cornell Police Department and the decision by the Tompkins County District Attorney not to prosecute an alleged sexual assault on Cornell University's campus in October 2024," Hochul said in a statement.

"This has, in turn, undercut my faith, and the public's faith, in the District Attorney's ability to effectively investigate and prosecute the case at this time."

Could be taken to grand jury

Hochul said the attorney general would oversee the investigation and, if warranted, present evidence to a grand jury.

"The young woman at the center of this case deserves to know that every fact will be examined and justice pursued," Hochul said.

• What to know about Cornell's alleged frat house gang-rape case and the 'Cornell 7'

"This action will ensure that the matter is fully and thoroughly investigated without conflict or bias, and handled independently with the rigor that this matter demands."

A message left for Tompkins County District Attorney Matthew Van Houten was not immediately returned late Thursday.

Lawsuit filed last month

New information about the alleged 2024 assault, the university's response and the lack of criminal charges at the time has been disclosed over the last week since a lawsuit was filed last month.

The woman, identified only as Jane Doe in court documents, reported the alleged assault to campus police, discussed it with the university's internal investigators and filed a lawsuit in September.

The lawsuit names seven fraternity brothers, the university, the Chi Phi fraternity and others. It alleges that one of the men sent a social media message to more than 50 other fraternity members alerting them to what was happening and inviting people to take part.

Lawyers for two of the men she is suing have denied they participated in a sexual assault. One said his client hadn't touched the woman. Attempts by The Associated Press to reach the other men or their representatives have been unsuccessful.

Local D.A. agreed to reopen investigation

Van Houten, the Tompkins County district attorney, announced earlier this week that he would reopen the investigation after reviewing new information in the woman's civil lawsuit.

He had previously issued a statement defending his initial decision not to issue charges, maintaining that the woman's first account to police did not include allegations that she had been drugged against her will, was incapacitated beyond the ability to consent or was forced into sex.

Under pressure from the public and politicians, including Hochul, the private university agreed Wednesday to bring in outside lawyers to independently investigate how it handled the woman's allegations.

Cornell has said it suspended the Chi Phi fraternity indefinitely and disciplined or expelled some students after Jane Doe reported her alleged assault. The university has declined to provide specifics, citing student privacy rules.

If you’re in immediate danger or fear for your safety or that of others around you, please call 911. For support in your area, you can look for crisis lines and local services via the Ending Sexual Violence Association of Canada database. ​​