Gov. Kathy Hochul and New York Attorney General Letitia James delivered remarks Friday morning after Hochul announced James will serve as special prosecutor in the Cornell University alleged rape case.

“According to new reports, she could not have been clearer that she was 100 percent confident that she had been raped. Yet, shockingly, those words never made it into the account that Cornell police sent to prosecutors,” Hochul said. “Think about that. In what world would police learn from a victim that she’d been literally gang raped while she was intoxicated by five men in a fraternity house and not elevated those allegations to the district attorney. In what world does the district attorney not even interview her or anyone else involved or even request the full transcript.” 

Hochul said “new reporting raises serious questions about the information [the Tompkins County district attorney’s] office relied upon” when it made the initial decision not to prosecute the case. 

James “will follow the facts. She’ll examine the evidence and go wherever it leads, and if the evidence supports charges, she will pursue them,” Hochul said. 

“No institution gets to protect its reputation at the expense of a young person seeking justice. No public official gets to look the other way when the system breaks down and fails our young people. And as governor I will not allow anyone to sweep this case under the rug,” Hochul said. 

Hochul said the case exposed “a gap in state law. If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape, period.” 

Hochul said she will work with lawmakers to address that.  

Gov. Kathy Hochul signed an executive order for the appointment Thursday.

“Newly released information continues to raise serious questions about the investigation conducted by the Cornell Police Department and the decision by the Tompkins County District Attorney not to prosecute an alleged sexual assault on Cornell University’s campus in October 2024,” Hochul said in a statement, in part. “This has, in turn, undercut my faith, and the public’s faith, in the District Attorney’s ability to effectively investigate and prosecute the case at this time.”

Hochul says James will investigate the case and “if warranted, prosecute any offenses arising from that investigation and present evidence to a grand jury.”

The governor says the attorney general’s appointment will ensure the case is investigated without conflict or bias.

“Every New Yorker deserves to know that when they report a crime, it will be investigated fully and fairly. The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly,” James said in a statement. “As our state’s Chief Law Enforcement Officer, I stand ready to lead a process New Yorkers can trust, guided by the facts and the law.”

“Cornell supports Governor Hochul’s decision to assign this case to the New York Attorney General’s Office,” a spokesperson for the university said.

CBS News New York has reached out to the Tompkins County DA for comment and has not yet heard back.

A former Cornell student alleges she was drugged and raped by multiple men at the university’s Chi Phi fraternity house in October of 2024. The student’s lawyer says after an internal investigation, two of the accused frat members were expelled and others received lesser sanctions, including suspensions, workshops or essays.

The university said the sanctions included expulsions and suspensions.

“None of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement,” part of a statement read. 

The Tompkins County DA’s office said at the time, “there was insufficient evidence to support criminal charges.”

The student has now filed a lawsuit against the university and seven men, claiming they failed to protect her and prevent the alleged assault. CBS News New York reached out to all of the accused and has heard back from attorneys for two, who deny the allegations. A lawyer for a third man has publicly denied another client’s wrongdoing. 

The DA’s office then announced they were reopening the case.

Hochul called for outside counsel to review Cornell’s response to the allegations and said the university agreed to the investigation.