Cornell University Protest
Students protest at Cornell as scrutiny grows over its handling of a 2024 sexual assault allegation. @cheriii.a/Instagram

The Cornell rape case is facing fresh scrutiny over an unresolved digital evidence trail after records showed university police drafted requests to Verizon and T-Mobile to preserve potentially relevant phone data following Jane Doe's 2024 report of an alleged sexual assault.

The proposed letters sought the preservation of texts, calls, photographs, and video messages associated with accounts that investigators believed could contain evidence. The records do not establish whether the requests were sent, whether the companies preserved or produced the material, or whether prosecutors were told about the proposed requests.

The development comes as New York Attorney General Letitia James takes over the criminal investigation as special prosecutor, while Cornell faces separate scrutiny over its handling of the case. James was appointed by Gov Kathy Hochul on 1 October after the governor said she had lost confidence in the local district attorney's ability to oversee the investigation.

Draft Requests Leave a Digital Evidence Gap

The proposed carrier letters were drafted about a week after Doe reported the alleged assault to Cornell University Police. They sought preservation of potentially relevant communications, with a signed warrant expected to follow within 30 days.

What happened next remains unclear. Tompkins County District Attorney Matthew Van Houten has said his office received a six-page statement signed by Doe and Snapchat screenshots during the original investigation. Separately, Cornell has faced questions over what information its police department provided to prosecutors.

Recent reporting has also highlighted a longer interview transcript in which Doe described the alleged assault in greater detail. Van Houten told CBS News he had not previously seen that transcript. That does not establish that Cornell police withheld evidence or that any phone records were lost. It does show why the evidence chain is likely to be an important part of the renewed investigation.

New York Takes Over the Criminal Investigation

The case has now moved beyond the local prosecutor. James' office was formally appointed special prosecutor on 1 October. Her office said the investigation would be guided by the facts and the law, with James taking responsibility for examining the alleged October 2024 sexual assault.

Van Houten had previously reopened the investigation after Doe filed a civil lawsuit in September. The lawsuit names Cornell, the Chi Phi fraternity, and seven fraternity members, among others, and alleges that Doe was drugged and sexually assaulted. The men named in the lawsuit have denied wrongdoing.

The criminal investigation and Doe's civil lawsuit are separate proceedings. The appointment of a special prosecutor is also not a finding that Cornell police, prosecutors, or the accused committed wrongdoing.

Cornell Faces a Separate Institutional Reckoning

The evidence dispute is unfolding alongside growing pressure on Cornell's administration. Faculty members have introduced a no-confidence resolution over the university's handling of the case, with a full Faculty Senate meeting expected on 14 October. Students and community members have also held demonstrations on campus, while Cornell President Michael Kotlikoff has pledged greater transparency and backed an independent review of the university's response. Cornell's official presidential records show Kotlikoff issued a statement on the matter on 3 October.

The faculty action is separate from the criminal inquiry. A no-confidence vote would be an internal governance measure rather than a legal finding against the university.

The New Investigation Must Reconstruct the Evidence Trail

The renewed investigation could now help establish what digital material existed, what Cornell police sought to preserve, what information reached prosecutors, and whether relevant evidence can still be recovered. Doe's attorney, Thomas Giuffra, has said his team possesses recordings of calls involving some of the accused and emails he characterises as apologies. He has also alleged that other photographs and videos connected to the incident may have been destroyed.

Those claims have not been independently established. For investigators, the distinction between evidence that was never collected, evidence that was collected but not passed to prosecutors, and evidence that can no longer be recovered could prove significant. The available records do not yet resolve which, if any, of those scenarios occurred. The men named in the lawsuit have denied wrongdoing, and the criminal investigation remains ongoing.