The more that comes out about the investigation, the more the shortcomings are becoming known - both with Cornell police and the DA’s office.
D.A. in Cornell Rape Inquiry Declined to Review Additional Evidence
The Tompkins County district attorney said recently that the evidence he reviewed in 2024 made it impossible for him to bring charges in the Cornell University rape inquiry.
But records obtained by The New York Times show that the same district attorney’s office declined to review any additional evidence gathered by the campus police department beyond a six-page statement signed by the former student, now known as Jane Doe.
By that point, the police had conducted numerous interviews, reviewed chat messages, logged anonymous tips, reached out to lawyers for the some of the accused men and spoken to at least two others, the records show.
[The DA] office’s decision at the time not to examine additional evidence that had been gathered, or to seek any additional inquiry beyond a single — and as it turns out, incomplete — campus police statement, was a stark departure from how complicated sex crimes investigations should be handled, said former prosecutors and other experts.
The former prosecutors, however, said the district attorney’s approach fell short in multiple ways, including his failure to bring Jane Doe in to be interviewed by his office and his apparent total reliance on a statement recorded — and, more broadly, an investigation conducted — by the university police.
“We would never rely on a campus police investigation,” said Rick Trunfio, a former sex crimes prosecutor in upstate New York and now an adjunct law professor at Syracuse University. “There’s too many problems with that.”
Mr. Trunfio and other experts said the investigation should have been handed off to a specialized police or prosecution team like the special victims bureau he founded at the Onondaga County District Attorney’s Office. Also problematic, he added, is that the Cornell University Police Department was “beholden” to the school, which would have had to report under federal law if a gang rape on campus was prosecuted by civilian authorities.
“You think Cornell University wants to report something like that?” Mr. Trunfio said.
A Cornell representative who speaks on behalf of the campus police declined to comment, citing the pending litigation.
The campus police investigation, which continued until January 2025, included interviews with other students who belonged to or had socialized at the fraternity, and people who had called in with information. The police also sought and collected records for some social media and phone records of the accused men.
But the experts questioned why the Cornell police had not obtained warrants to search and seize the men’s phones in the days after the woman reported being assaulted.
The police also made relatively light-handed attempts to arrange interviews with the men, who dodged those efforts until most retained lawyers who advised them not to cooperate, records from the investigation show. More seasoned investigators might have been better able to elicit statements from a group of male college students, one ex-prosecutor said.
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