New York Gov. Kathy Hochul on Thursday appointed Attorney General Letitia James as a special prosecutor to investigate a reported sexual assault at a Cornell University fraternity that authorities previously declined to prosecute.
The move marks a significant development in a case that has drawn national attention, prompted a civil lawsuit and sparked criticism from students, public figures and advocacy groups.
Hochul cites concerns about previous investigation
In a statement announcing the decision, Hochul said newly released information has raised questions about how the case was handled by law enforcement, prosecutors and the university.
"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.
She said those concerns have "undercut my faith, and the public's faith, in the District Attorney's ability to effectively investigate and prosecute the case at this time."
Hochul issued an executive order appointing James as special prosecutor. Under the order, the attorney general will investigate the incident and determine whether criminal charges are warranted.
"If warranted, [the attorney general will] prosecute any offenses arising from that investigation and present evidence to a grand jury," Hochul said.
Case has drawn widespread attention
The case stems from allegations that a 20-year-old Cornell student was drugged and sexually assaulted by multiple members of the university's Chi Phi fraternity at its Ithaca house in October 2024.
Tompkins County District Attorney Matthew Van Houten earlier this week announced that prosecutors would revisit the allegations and prepare evidence for a grand jury to consider a potential indictment.
Van Houten said the decision followed the mid-September filing of the civil lawsuit, which included allegations and evidence he said differed from information prosecutors reviewed in 2024.
The District Attorney's Office originally declined to pursue charges after reviewing an investigation conducted by Cornell University Police.
"Once we determine the appropriate charges, the case will be prosecuted in the most objective and impartial means available – by testimony to the Tompkins County Grand Jury," Van Houten said.
The allegations in the lawsuit have not been proven in court, and no findings of liability have been made.
Hochul calls for independent review
On Tuesday, Hochul announced her intention to appoint "outside counsel" to conduct a "transparent, independent review of the university's response to determine whether Cornell met every obligation to protect its students and pursue justice."
"The allegations in this case are nothing short of horrifying," Hochul said Tuesday. "For any student to come forward after an experience like this takes extraordinary courage. No student should ever be left wondering whether the institutions meant to protect them will listen and act."
Hochul is an ex officio member of Cornell's Board of Trustees because the university is New York's designated federal land-grant school.
With James now appointed special prosecutor, the attorney general's office will conduct the criminal investigation.
"The young woman at the center of this case deserves to know that every fact will be examined and justice pursued," Hochul said.
"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."
The attorney general's office has not disclosed a timeline for its investigation.
What happens next?
As special prosecutor, James will have the authority to review evidence, conduct an independent investigation and determine whether criminal charges should be pursued.
The appointment does not mean charges will be filed. It transfers investigative and prosecutorial authority from local officials to the attorney general's office for an independent review of the case.
The Cornell case has remained in the spotlight in recent weeks after politicians, celebrities and other public figures commented on the allegations and the handling of the investigation.
This article originally appeared on Rochester Democrat and Chronicle: Hochul appoints special prosecutor in Cornell sexual assault case
