The attorney representing the woman at the center of a 2024 Cornell University gang rape investigation stated on October 2, 2026, that his client is “not doing well” as New York State officials take control of the case. The update follows a significant legal shift on October 2, 2026, when Governor Kathy Hochul appointed Attorney General Letitia James as a special prosecutor to lead the criminal probe.
Thomas Giuffra, the attorney for “Jane Doe,” asserted that his client was physically and mentally “incapable of consent” during the alleged October 19, 2024, assault at the Chi Phi fraternity house. Giuffra reported that Doe was subjected to extreme intoxication and the coerced ingestion of ketamine, which he argues rendered her unable to stop the encounter. While the case had previously stalled at the local level, the attorney’s remarks highlight the ongoing emotional toll on the survivor as state investigators begin their review.
State Intervention and the Special Prosecutor
The appointment of Attorney General Letitia James follows Governor Hochul’s signing of Executive Order 64, which removed the case from the jurisdiction of Tompkins County District Attorney Matthew Van Houten. During a public update, Governor Kathy Hochul and Attorney General Letitia James clarified that the state intervention was necessary to restore public faith in the investigation.
Governor Hochul stated she lost confidence in the local district attorney’s handling of the matter after learning that investigators reportedly failed to interview Jane Doe or request complete transcripts from Cornell University’s internal Title IX investigation. Van Houten had initially declined to prosecute in 2024, maintaining that the victim’s early account described consensual behavior. Giuffra has contested this, claiming the initial statement was mismanaged and that the victim’s condition at the time was not properly evaluated.
Civil Litigation and Named Defendants
Parallel to the criminal investigation, a civil lawsuit is proceeding against seven former members of the Cornell Chi Phi fraternity. The lawsuit identifies the defendants as Matthew Ingalls, Johnathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, and Scott Kretzschmar.
Giuffra has further accused Cornell University and its police department of a “cover-up” intended to protect the university’s reputation rather than the safety of its students. The attorney claims that the institution’s handling of evidence and its initial reporting contributed to the two-year delay in seeking criminal charges. With the Attorney General now acting as special prosecutor, investigators are expected to re-examine the substances involved and the university’s original Title IX findings to determine if criminal indictments are warranted against the named individuals.
