Tompkins County District Attorney Matthew Van Houten is reopening a criminal investigation involving the Chi Phi fraternity at Cornell University. This decision follows the emergence of new evidence, including video of a group Snapchat conversation recorded on the night a former student alleged she was drugged and assaulted inside the fraternity house. She wasn’t having a hard time articulating any things.
According to the timeline of the alleged incident, a message was sent to the group chat at 1:42 a.m., seemingly suggesting that a woman was available for sexual activity. A fraternity member later messaged the group, asking, “Shop still open?”
Jane Doe, represented by attorney Thomas Giuffra, claims she was drugged and subjected to gang rape. Giuffra has criticized the lack of arrests to date, stating, “Not one of these guys was arrested. Not one. That I can tell you for a fact.” He argues that the original police report is not materially different from the current lawsuit and contends that investigators failed to properly pursue evidence, such as the fraternity’s digital communications.
The District Attorney opted to revisit the case after noting inconsistencies between the lawsuit’s claims and the complainant’s initial statements. Van Houten stated that in a November 2024 sworn statement, the individual described her participation in drug use and sexual conduct as “voluntary, conscious, and consensual,” and did not allege being drugged against her will or being gang-raped. Giuffra disputes this interpretation, asserting his client was traumatized and acting in “self-preservation mode” during the initial reporting process.
Seven individuals are named in the lawsuit, which brings claims of sexual assault, rape, and sexual battery. Jeremy Saland, the attorney for defendant Scott Kretzschmar, strongly rejected the allegations against his client. While the lawsuit claims Kretzschmar poured ketamine onto the woman’s body and snorted it, Saland stated that a hair follicle test showed no ketamine in his client’s system. Saland further claimed his client only entered the room briefly, observed the woman was not undressed, and did not see her in distress. The specific act it attributes to Kretzschmar is pouring ketamine onto Jane Doe’s body and snorting it, but in its detailed account. New York’s Mahsa Saeidi asked Saland. Overwhelmingly so, it will resolve in the same way it already did previously, with no charges,” Saland said, we welcome the opportunity and are confident.
Andrew Miltenberg, representing another named defendant, Gillio Lopes, also issued a firm denial, stating that his client unequivocally refutes the allegations. Miltenberg emphasized that Cornell had previously investigated the matter, resulting in sanctions, and argued that the current public allegations differ from those addressed in the prior university process. He maintained that Lopes should be judged based on evidence rather than media reports or lawsuit claims.
A senior prosecutor specialized in sex crimes is currently preparing the case for presentation to a grand jury. The District Attorney has confirmed that new evidence will be considered and that the complainant will have the opportunity to testify. Cornell University officials stated they support the reopening of the investigation, noting their own previous Title IX process was comprehensive and led to disciplinary actions.
