The Tompkins County District Attorney's office declined to review additional evidence gathered by Cornell University Police regarding a "gang rape" allegation before deciding not to pursue criminal charges, documents obtained by ABC News reveal. The state Attorney General's office is now investigating the matter.

In November 2024, over a month after a student, identified as Jane Doe, reported being attacked at the Chi Phi fraternity house, an investigator from Cornell University Police Department (CUPD) contacted the Tompkins County DA's office. The CUPD investigator informed the DA's office of additional interviews and investigative steps taken, including running down anonymous tips, interviewing witnesses, and issuing persona non grata notices to fraternity members.

Despite these efforts, the Tompkins County DA's office stated it would not pursue criminal charges. According to a CUPD investigator's note, prosecutors indicated they had reviewed Jane Doe's statement and agreed that "criminal charges would not be pursued in this case." This decision was made without reviewing further interview transcripts or other gathered material beyond a six-page summary of the woman's statements.

New York Governor Kathy Hochul publicly questioned the district attorney's actions, stating the office had not done "the bare minimum." Hochul subsequently removed Tompkins County District Attorney Matthew Van Houten from the case and appointed New York Attorney General Letitia James as special prosecutor.

Van Houten, in a statement, supported the decision to have the AG take over and pointed to issues with information provided by Cornell University. He stated, "It has become clear that we were not provided the full picture by the University."

Jane Doe's initial report to campus police described an assault by "8-10 men" at the Chi Phi fraternity house. However, the condensed version of her statement provided to the DA's office did not include this specific detail regarding the number of alleged assailants.

Governor Hochul also criticized the Cornell University Police Department for what she characterized as providing an incomplete narrative to the DA's office. The university police were the initial point of contact for the accuser, and their interviews were crucial in documenting her first account of the events.

The decision by the Tompkins County DA's office to forgo a comprehensive review of the evidence has raised significant questions about the handling of the case and the process for addressing such serious allegations on university campuses.