CBS News New York has obtained new details in the Cornell University alleged gang rape lawsuit.

This comes as the Tompkins County district attorney said he’s reopening the criminal case, saying the victim’s original statement does not match the lawsuit’s allegations. 

New video of frat’s group Snapchat

CBS News New York has exclusively obtained additional video of the fraternity’s group Snapchat conversation from the night a former Cornell student says she was drugged and raped inside the Chi Phi fraternity house. 

At 1:42 a.m. on the date of the alleged rape, a message was sent to the group chat suggesting a woman was available for sex.

“Shop still open?” one fraternity brother wrote later. 

The response was “Yea.” 

Attorney Thomas Giuffra represents the woman, identified as Jane Doe. 

“Not one of these guys was arrested. Not one. That I can tell you for a fact,” Giuffra told CBS News New York last week. 

Scott Kretzschmar’s defense attorney speaks out

Attorney Jeremy Saland represents Scott Kretzschmar, one of the seven named in the lawsuit. The complaint broadly accuses all seven of sexual assault and rape and brings a sexual battery claim against each of them. But in its detailed account, the specific act it attributes to Kretzschmar is pouring ketamine onto Jane Doe’s body and snorting it.  

“You’re saying he never snorted ketamine?” CBS News New York’s Mahsa Saeidi asked Saland. 

“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,” Saland said. 

CBS News New York has not independently reviewed that test. 

Saland also says his client saw the Snapchat messages, went into the room for only a few minutes, and left. 

“She was not undressed,” Saland said. “He didn’t see her under duress. She wasn’t having a hard time articulating any things.”

DA reopens the case

Meanwhile, Tompkins County District Attorney Matthew Van Houten is reopening the criminal investigation, saying in part “Jane Doe’s sworn statement in November of 2024 did not allege that she was drugged against her will or gang raped.” 

Van Houten said she “described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.” 

“She’s barely hanging on for what these guys did to her,” Giuffra told CBS News New York last week. 

Giuffra said Doe was traumatized and in “self preservation mode.” He also said the original police report is not materially different from the lawsuit. He argues investigators failed to fully follow up on evidence, including the frat’s group chat. 

A senior prosecutor with experience in sex crimes is preparing the case for the grand jury. The DA says Doe can testify and new evidence can be considered. 

“We welcome the opportunity”

“We welcome the opportunity and are confident, overwhelmingly so, it will resolve in the same way it already did previously, with no charges,” Saland said. 

Cornell University said it supports the decision of the DA. It also said its Title IX process included months of investigation and resulted in sanctions. 

CBS News New York is also in touch with Andrew Miltenberg, an attorney representing another defendant, Gillio Lopes. 

Miltenberg said the following in a statement to CBS News New York: 

“We represent Mr. Lopes. He 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.

“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.

“We will address these issues through the appropriate legal process and will have no further comment at this time.”