Tompkins County District Attorney Matthew Van Houten is reopening the criminal investigation into allegations that a former Cornell University student was drugged and raped at the Chi Phi fraternity house.
The development comes as new details emerge from a fraternity group Snapchat conversation from the night in question. The woman, identified in court proceedings as Jane Doe, is suing seven men, alleging sexual assault and rape.
New Snapchat messages examined in Cornell case
A message sent to the group chat at 1.42am suggested that a woman was available for sex. One fraternity member later asked: “Shop still open?” to which another replied: “Yea.”
Thomas Giuffra, who represents Jane Doe, said none of the men named in the lawsuit had been arrested.
“Not one of these guys was arrested. Not one. That I can tell you for a fact,” he said.
The lawsuit broadly accuses all seven men of sexual assault and rape, and brings a sexual battery claim against each of them.
Scott Kretzschmar is one of the men named in the complaint. His lawyer, Jeremy Saland, said the specific allegation against his client was that he poured ketamine on Jane Doe’s body and snorted it.
Asked whether Kretzschmar had snorted ketamine, Mr Saland replied: “Absolutely not … what you need to do is look at the demonstrable, objective evidence, which is a hair follicle test showing no, he had no ketamine in his system.”
The test has not been independently reviewed. Mr Saland said his client saw the Snapchat messages, entered the room for only a few minutes and then left.
“She was not undressed,” he said. “He didn’t see her under duress. She wasn’t having a hard time articulating any things.”
District attorney reopens criminal investigation
Mr Van Houten said Jane Doe’s sworn statement in November 2024 did not allege that she had been drugged against her will or gang raped.
He said she had “described her participation in drug use and sexual conduct as voluntary, conscious, and consensual”.
Mr Giuffra disputed that characterisation, saying Jane Doe had been traumatised and was in “self preservation mode”. He said the original police report was not materially different from the allegations in the lawsuit.
He also argued that investigators had failed to pursue evidence fully, including the fraternity’s group chat.
A senior prosecutor with experience in sex crimes is preparing the case for a grand jury. The district attorney said Jane Doe could testify and that new evidence could be considered.
Defence lawyers deny allegations
Mr Saland said the reopening of the case was welcome because he was confident it would not lead to charges.
“We welcome the opportunity and are confident, overwhelmingly so, it will resolve in the same way it already did previously, with no charges,” he said.
Andrew Miltenberg, who represents another defendant, Gillio Lopes, said his client “unequivocally denies the allegations against him”.
“Cornell previously investigated these allegations. The allegations now being made publicly differ from what was reported and investigated during that process,” he said.
Mr Miltenberg added: “These are serious accusations, but accusations are not proof. Mr Lopes should be judged on the evidence, not prejudged based on allegations made in a lawsuit or repeated in the media.”
Cornell University said it supported the district attorney’s decision. The university said its Title IX process had involved months of investigation and resulted in sanctions.
