Cornell Rape Case_ Hochul Removes DA_ AG James Takes Over.

0:00I love football season. The games, the rivalries, the food, getting everyone together, no game day feels complete without a trip to total wine and more. I can find everything from cold beer and canned cocktails to wines and spirits for the whole crew. And if I want to bring something different to the watch party, the total wine team always has ideas. Plus, it's nice knowing I'm getting the lowest prices. Get your game day line up ready at total wine and more. Spirits are not sold in Virginia and North Carolina. Drink responsibly B-21. Avoiding your unfinished home projects because you're not sure where to start, Thumbtack knows homes, so you don't have to. Don't know the difference between Matt Paint finish and satin or what that clunking sound from your dryer is. With Thumbtack, you don't have to be a home pro. You just have to hire one. You can hire top rated pros, see price estimates and read reviews all on the app. Download today. In the alleged Cornell rape case, Governor of New York State,

1:08Hocal removes the DA and appoints Attorney General Latissa James to take over the case. They've already made comments that have poured fire on a case that has not yet been determined to be criminal. So where does it stay now on October 3rd, 2026 years, where we are tonight? No criminal charges have yet established the allegation against the seven men, to the media has been calling seven gang rapists, which is so inflammatory and ridiculous. Jane Doe's civil suit remains pending and Cornell's handling of the cases under independent review, the Thompson County District Attorney, no longer controls the criminal investigation. Governor Kathy Hocal has appointed Attorney General Titian James. So we're going to cover this today and break it down and what it means, but there's really some disturbing things

2:12in regards to this case. Has it the media? Has it the university community? Haven't politicians learned anything from the Duke lacrosse fiasco, which had some similarities to this case, not exactly but there were similarities. Rush to judgment was the biggest similarity. Folks, just a quick reminder, the police off the cuff podcast is sponsored by Fandall on the believe network. So hold onto your hats, hold onto your loved ones, hold onto your thoughts, hold onto your prayers, hold onto your service dog. You're about to enter to crime from a police perspective. You're about to enter the off the cuff zone, the police off the cuff zone. There's some common sense. They were the ones who called 911 to get a call and now they're calling

3:14for change. So where are we standing now? Well, why did Governor Hocal even get involved in this? How is it within the purview of the Governor of New York State? These cases happen on college campuses throughout the nation, not just New York State, at least a couple times every month. But for some reason, this case that occurred over two years ago, right, or actually just coming up on two years, October 19th, October 20th, 2024. So it's coming up on two years and the investigation determined at that point, and I'm not saying it was a good investigation. There was a lot of things about the investigation that we could question, right, we could definitely question some of the

4:18things that were done. Perhaps the fact that the biggest thing we're talking about here is consent, or lack thereof consent. And that is one of the most important things, obviously, in a sex crime investigation. Lack of consent includes in New York State, forcible compulsion, which didn't exist here, in capacity to consent. That's what we're going to consider less than 17 years old. No, that's not a factor in this case. Mentally disabled. No, that's not a factor. Mentally incapacitated, physically helpless. Well, in capacity to consent because of alcohol or drugs, that is definitely in this case. It's one of the things that could she consent, but another thing here was could the alleged perpetrators consent? Wouldn't they also impaired by alcohol and or drugs? So those are

5:21some of the things that needed to be considered. And after this investigation by the Cornell police, which again, I don't believe that the police department for a university should be the lead investigator in a case like this because the agenda of the university is to make this case go away. And that's not just Cornell University. That's universities throughout this country. And I mentioned on the show the other day that the history of this is crime on college campuses is the Cleary Campus Security Safety Act, which became the law of the land, nationally, because of a student at Alfred University. I believe it was back in the 70s, was murdered and raped by a serial killer that the college knew about, but never alerted their students. So that horrified the state legislature,

6:28it horrified the community and there came the Cleary Campus Security Safety Act, which makes every university in this land keep crime statistics and publish them on their website. And be transparent with students about crimes that are occurring within the college community. So that came from the so colleges are very concerned with crime because of college that has high crime on their campus. It's going to cost them a lot of students, cost them a lot of money, right? And that 100% becomes a factor in these cases. And then I said yesterday they had the Cornell Police, the college police department do the interviews. And let's also be clear with this, that the interview by the Cornell University police took place. I excuse me the first interview

7:35when the woman known as Jane Doe was first interviewed took place on November 8th. The occurrence was October 19th to 20th, right? So say it's, we'll use the 20s, 11 days, it's almost three weeks, right? 17, 18 days. It took to report this. That doesn't mean it didn't happen. But that makes the investigators job that much more difficult. On November 7th, the victim Jane Doe went in for a sexual assault forensic examination. Jane Doe went to an ethical hospital, okay? She went to an ethical hospital and requested a sexual assault forensic examination. Her attorney has said that because more than two weeks had passed since the alleged assault, potentially useful DNA evidence was no longer recoverable. He's correct. That is absolutely true. But

8:36how would you separate, if there weren't DNA, DNA that was present on the victim, that was consensual DNA, as compared if there was DNA from non-consensual people that were involved in this case. And when the media calls us a gang rape, it is so horrific that they do that. And then when the politicians just repeat like parrots, what's being said, when no criminal charges have ever been filed in this case. So what does that tell you? Does that tell you that this smells of politics? Beyond smelling. It is just disgusting the level of political nonsense here. The other thing is the district attorney, Cornell case, now political, Governor Hocal and Latisha James. This man here, the Tompkins County District Attorney, had made a decision

9:44back in 2024 not to bring criminal charges in this investigation. Of course, now he's trying to do damage control because everyone is attacking him and saying, how did you do this? How did you see? He's not, he's saying he wasn't frivolous to much of this investigation. But a case like this, I would think that a district attorney would try to get involved right away because of the scope of the potential for it to blow up in his face. And he didn't. And so they appoint Latisha James. The state attorney general's office does not investigate sex crimes. Period. So what experience does Latisha James have? Has she ever investigated the sex crimes in her life? Has our office ever invested a sex crime? She's already calling like she's getting political with this also.

10:45Let's not forget folks. The election is in November. So we have like about about a month left till the election. Could this be political? Oh my god, they could be, couldn't it? According to the New York Times, they've obtained over a thousand pages of material from Cornell's internal investigation into the 2024 rape allegations that are at the center of the bombshell lawsuit against the university. This is from the New York Times, right from the New York Times. The files compiled for the Cornell title nine administrative hearing process and distributed in 2025, including extensive transcript of the original police interviews. So the original police interviews, an extensive transcript with the 20 year old victim undergraduate accused the men of sexually assault turning out the chive five fraternity on October 19th, 2024. They also include the original six page

11:51statement that the Cornell police department submitted to the Tompkins County New District Attorney Investigator interviews with six of the seven men from the woman accused of being involved in the sexual assault and interviews with 20 additional witnesses, a trove of emails, text messages and screenshots of message boards are included some showing how rumors about what happened that night reached around campus. So here are some of the takeaways. On November 14th, 2024, this is a quote again, according to the New York Times, about three weeks after the incident, the woman who filed the suit known as Jane Doe spoke for hours to Cornell police investigator and an investigator for Cornell's title nine office, which makes sure the university complies with federal regulations, related to sex discrimination. She had with her a support person, someone who provides emotional support during the hearing process, an advisor to explain

12:52her rights. Now, folks, I have tried a lot of experience in investigation and as I spoke about, I used to go out as a supervisor with special victims unit that was in the same building as a Manhattan North homicide on the same floor and they were outstanding investigators and they knew how to get the truth in sex crimes investigations. And one of the things I noted is that when this victim was interviewed, there was a victim advocate in the room and also a title nine investigator in the room. No good, no good at all. No special victims detective would allow the victim advocate in the room or another title nine who is really there to sort of smooth things over for the university. So a criminal investigator like a professional sex crime detective

13:54would not allow that would say I need you to get out of the room. And to get the truth from the victim in a lot of course all these details that a victim is telling to a detective investigator are quite embarrassing and difficult to tell the truth. And that is what the investigator wants because even though the press and certain politicians are screaming that seven men did a gang rape on that that's so not true. Even in her statements she said at least two possibly three of the men were consensual and then it gets very hazy because of the alcohol and drugs. So if you can do the math then there's only potentially four allegations against maybe non-consensual sex against four of them. Not seven because three it was consensual but Governor Hocal already says she

15:01wants to change the law. Change the law. You shouldn't be able to consent the sex if you're drinking alcohol or taking drugs. She wants to change the law. Knowing nothing about the law but she wants to change it. Just absolutely pathetic. The transcript that they went through covers about 120 pages it was condensed by the police and investigate it into a six page official statement that the woman signed. This statement of course was crucial because the Tompings County District Attorney says it was the main piece of evidence he considered when deciding not to bring a criminal case. So this man you see up on the screen he is the one who decided not to bring a criminal case. But the official statement omits much of the context about Jane Doe's state of mind. Her history as a sexual assault survivor and her thoughts as she was processing what was happening to her. It is these details in

16:06addition to the actions she alleges again this is coming from the New York Times that help explain how a series of sexual encounters that started off pretty okay has developed into a situation that was just raping in her words. I can say with a hundred percent confidence I was raped she told the police investigated about what happened by the end of that night and a statement that did not make it into the six page summary report. The emissions may help explain why the district attorney did not think he could bring a criminal case on her allegations. The summary made clear how other that she felt that some of what was happening to her was a crime and explains that one reason she took the drug ketamine was to escape it. So not so easy folks right not but we're not hearing a seven man gang rape as the media is feeding everyone that information as politicians are buying

17:08into this and feeding this nonsensical seven man gang rape that did not happen. So why are they reporting it is such well it's irresponsible it is one hundred percent irresponsible reporting and these folks that are reporting this again I mentioned earlier on in this in the out of this case or the show do they remember the duke lacrosse team did they remember a district attorney his name was Mike knife on who was disbarred over the case for lying and making up evidence did they remember that did they remember that the victim herself testified years later that she made up the allegations there was no sex crime there was the mighty dollar once upon a time it had a home menu named after it now no more but one dollar a day let's you add progressive renters

18:14insurance to your auto insurance definitely something your younger self would roll their eyes at but your current adulting self appreciates learn more progressive dot com progressive casualty insurance company affiliates and other insurers average premium cost based on progressive home data from twenty twenty five product and prices may vary by state I love football season the games the rivalries the food getting everyone together no game day feels complete without a trip to total wine and more I can find everything from cold beer and canned cocktails to wines and spirits for the whole crew and if I want to bring something different to the watch party the total wine team always has ideas plus this nice knowing I'm getting the lowest prices get your game day lineup ready at total wine and more spirits are not sold in Virginia North Carolina drink responsibly be twenty one you know recommendations can be great maybe someone recommended this podcast and here you are but home projects are different if a podcast isn't your thing you lose a few minutes if you hide your cousin's neighbor to mount your TV you might end up with a lopsided screen and wall damage maybe I know a

19:17guy just isn't enough for your home that's why thumbtack works it matches you with top rated local pros with photos reviews and credentials all in one place for your next home project try thumbtack higher the right pro today was no rape but the college campus Duke University they came out against these lacrosse players as if they were career criminals career sex criminals and they didn't get due process by the university hundreds of college professors on the Duke University campus signed a letter against them before they had even a chance to get due process and that's what's happening here that's what's look you can look at this morally and say what happened here was totally wrong yes yes it was but does it cross over into a crime into a sex crime and the big if here is consent

20:22was their consent given and was their consent removed at some point because you can give consent at a later time remove consent and if someone has sex with the Jane Doe victim against her consent then that is a rape but no one is saying that right now except the media saying this is a seven man gang assault a gang rape it was spying politicians are saying it too how pathetic is that and one of them happens to be the New York State Attorney General how unbiased is she to bring this case now a case where they will have to interview witnesses and witnesses other than the alleged perpetrators here you're saying seven students they're the target none of them are going to talk to Latisha James I would imagine every single one of them at this point has counsel why would they

21:22talk to her she's already indicated their guilty without collecting a shred of evidence this is from Fox News appointment we saw that old familiar voice here was Latisha James on social media what this young woman has been forced to endure is horrific and unacceptable i'm holding her in my heart and my prayers to her and to all survivors you're not alone we stand with you doesn't appear to be a prosecutor neutral to the facts ready to examine the evidence and because of that she and the governor on that were pressed today why did you affirm her allegations as fact without doing your own fact finding investigation into the governor why did you appoint an official who made a public statement affirming those allegations as fact as someone who's supposed to be doing an investigation I will answer that I have every confidence in our that is you know her response to this let me go

22:23back to that it's pathetic because she's every confidence in her she just made a statement that she has every confidence she's going to do a good investigation when she just made a statement that these people are guilty attorney general to do what she has always done look at the facts examine the record and draw the proper conclusions that's exactly what's going to happen in this case attorney general i will not comment on a facebook post i will not comment on a facebook post the presumption there is some anonymous poster on facebook doesn't dignify the response of the attorney general but it's her post on facebook that demands answers also demanding answers is the litany of politicians lining up democrats to stake a claim on the so-called corn l7 michigan senate candidate abdual el saed he put out a statement taking the word of jane doe and Alexandria causio cortes she not only took the word of jane doe she made up words and facts for jane doe

23:29seven men drugged and gang raped a 20 year old woman they lured her in to a fraternity house they drugged her with ketamine they then posted to a group chat that she was incapacitated and seven men took turns gang raping her for seven hours that whole is not true it's totally not true so how did that happen how does she get away with saying this she just made that whole thing up outrageous then she can you know how first of all how could you be that stupid how could you act this is someone that they're saying is a president presidential candidate how could she be that stupid to say these things when what she said there is no evidence there's no evidence at all about what what she just said they took her seven men gang raped her

24:36where did you get that from did you get that from the media because it's not true you know again did we learn nothing did we learn absolutely nothing from the Duke LaCrosse team case did we learn nothing I guess we didn't because the media and everyone else is repeating things that are not fact and they're repeating them as fact this is a poor moral from news nation who happens to be quite a smart guy and I think the voice of reason all of these things you know let's start with the law Paul and what Governor Cocoa has to say there she doesn't seem to even understand the law in the state of New York the law doesn't say that you you surrender consent or you become someone capable of being a victim of sexual assault the law only says that you can retain the ability to consent if you consume that doesn't seem like a loophole that seems like

25:36the way every behaving adult behaves probably will this weekend that's right and that we should recognize is pretty much the common law across the country the only place that I know of that has the different standard that Holka wants to initiate here is of course california and you know you highlighted something that would be a result of this law if in fact any consumption of alcohol takes your consent ability off the table which is essentially what she's advocating for yes then two of the men who are articulated in her civil complaint have a case against her she articulates that one of them passed out drunk and the other one started dry heaving and other words they were in worse shape than she was they have a case against her under that standard that's how preposterous this is and that's how politicized it is and I'm saying with the twinkle in mind but every married couple tonight that has two glasses of wine better not have fun once they get home because you cannot consent according to how she proposes the new law in the

26:40state of New York what do you make of her bringing latisha james into this can she be a neutral fact finder someone who follows the evidence in this prosecution well cyber in fact issues already put out that facebook post and aside from the fact that I had a deal with her office and in some instances heard directly during the 2020 summer of love when her only interest was prosecuting cops they were trying to burn down macy's in midtown and half of the city and all she was put out a tweech saying anybody who sees police police misconduct hit me here directly so that I can open cases as all she cared about and that tells you where she's coming from but I got to highlight something else well she doesn't do these kind of cases the new york state attorney general doesn't have a sex crimes unit she has no experience in this area who's going to have to handle this is going to be the guys from the new york state police she's going to have to bring all of them in they were better off with the ifika police the d a in the area who sits over the Cornell university area she doesn't have the experience this is all a political move in an era

27:45when we all know things are politicized but also in a year where kathy hawkel has Bruce Blakeman behind her by single digits so again it's just it's it's a it's a political it doesn't make any sense really I mean again people haven't learned anything from prior cases right and these cases as I stated earlier they happen on college campuses throughout new york state throughout this nation and you do need a robust experienced professional investigation in these cases and that apparently was not done right so there was no but do you have confidence in these two I mean after the fact it almost sounds like there's a witch hunt they're going to make

28:46the the facts fit what they want the results that they want rather than letting the facts and the evidence lead to where what it tells lead to the truth the truth what happened here and is it prosecutable is it criminal what occurred again I get back to the whole issue here is lack of consent and was there lack of consent and if there was when did it occur and again when you hear people saying seven men gang that's already a false statement already you obviously have not seen the case already evidence or understand the law here so how are you possibly making those statements that seven men gang that is outrageous absolutely outrageous this is um

29:47news nation makes a few comments on this and I think even some of the reporters are starting to see that this instead of a professional fair investigation with due process for both the victim and the accused this is turning into a political circus right now Mark Eiglar joins us it's great to have you both on this Friday night Mark if you were representing one of these young men would you be concerned about the AG's remarks on social media and her now heading this case absolutely here's a few things that we know the victim deserves the alleged victim deserves a thorough investigation a competent detailed investigation but these boys definitely also deserve someone who is neutral by that post it evidences that she's not she's not going in with an open mind she's already declared that this person did suffer without

30:48doing a thorough investigation I think already garbage in garbage out whatever she comes out with should be questioned by everybody Ashley when you read the accounts from Jane Doe of that night and then all the accounts from all seven of the boys she accuses in her civil lawsuit they are wildly different versions of what happened how will the attorney general sort through but all how would a grand jury if it goes there sort through it well I think what's critical is that this is not a he said she said at this point it's as she said she said these are her words right after the incident versus her words two years later and they are diametrically opposed and I get it I get it a lot of women can't remember details right after a horrifying attack and then after much time and perhaps counseling they get more clarity this happens all the time but Elizabeth Vargas I have never in my 38 years of covering crime I have never seen somebody who has such clarity about every step of that

31:53evening and every single thing that happened by her account and then two years later says I'm foggy and I can't remember these things it just doesn't endure well to her case and I think you have to say if she's the one with all the clarity and the boys are throwing up and passing out is there possibility here for the boys to sue her well in fact one of the boys says that he feels like he was victimized because he didn't give his consent Ashley he says that she initiated sexual contact with him without asking him and that he was extremely inebriated then that's her description by the way I just have to be really clear I'm not taking anyone else's account I am taking Jane Doe's words and she's the only account I've heard but I've heard two of her accounts and by one of her accounts Elizabeth at one point male number one is passed out and male number two is dry heaving to the point of risking vomiting she's patting his

32:53back and saying I got to look after you but I head back over to the bed where male number one's passed out to make sure he's okay so she's taking on a caregiving rule flip the sexes here flip the sexes and who would be crying rape at this point and where would the support be if it was a guy with two drunk girls one passed out and one vomiting who then continues to have sex with them I think we'd be having a different narrative in the media so this is again you could see when they say that he said she said and getting to the truth requires many things right it requires good investigators it requires requires a timely response to the crime and they didn't get this they didn't get a timely response after all this was was reported on November 8th occurred on October 19th through the 20th 2024 now it's reported to the Cornell police on November 8th and the Title 9

34:05investigator was in the room as well as a victim advocate and they did extensive extensive interviews do you think some of the facts and circumstances in this case maybe not true would you sitting on a jury convict these men of what's alleged based on the facts and circumstances here based on the initial and I'm not saying when could it have changed the consent the initial consent at least to two or three of the seven who were alleged had committed this crime and allegedly because we don't know and now of course during this investigation this man here the district attorney of the the

35:10that area Tomkins County he decided there was not enough to prosecute this case and now he's sort of being eviscerated and removed from sort of command and control of this case by Kathy Hockle and of course replaced by attorney general Leeticia James again who has zero experience investigating and prosecuting and or prosecuting sex crimes so the university community here how are they responding to this you know it's two years almost two years this occurred two years ago and are they what is the response of the university community I would I would like to know that so you know and going back to the to the New York Times article Jane Doe who is the victim here

36:20and that's not a picture of how that you see up on the screen Jane Doe considered two of the men involved here her friends she and the men involved that night had taken ketamine things it started off consensual though she was drunk and some of her memories were hazy the the transcript shows she had lost control her initial impulse was to keep quiet about what had happened but within a day or two everyone involved in sorority and fraternity life knew what had happened she told investigators most of the gossip blamed her calling her a whore that had an ate some with the chy-fi guys she did not know how or why so many men had shown up in the room that night but then she heard that a snapchat message had been sent to the fraternity inviting members to join what was happening and when she saw on a message board that someone had said that chy-fi members were gang banging the pieces started coming together she told investigators that she had a revelation on reading an online comment

37:24that called the chy-fi brothers terrible people they gang raped a sophomore and that's kind of when I came to the realization that had been gang raped gang assaulted whatever you want to call it that's what happened she said that's from the words of Jane Doe according to the interview when reprinted by the New York Times transcripts of the title nine interviews that were conducted with six of the seven men accused provide the first glimpse of the defendants accounts well they're really not defendants other than in the civil suit right now because there have been no criminal charges in interviews with the schools investigators the men almost universally denied the accusations against them and said any sex that took place was consensual several of the men suggested that Jane Doe had not only initiated the sexual encounters but in some cases had done so without asking many of them paused their interrogations repeatedly to seek legal

38:26guidance from advisors who accompanied them including law students and lawyers at least one of the accused men appeared with the support person in the form of his father despite their insistence that they were innocent the men and some of their comments appeared to acknowledge the unsettling nature of the interaction that they had witnessed and joined I was generally concerned and wanted to investigate what's going on one of the men identified by his initials SN said eventering the room where Jane Doe said the assault occurred when the man was press related by the investigator and what he thought would happen after leaving the room he said I thought there was just going to continue in conversation the woman's main source of pain after the incident was from what she thought was a journey track you're not retract infection her account to investigators she said that when she went to a Cornell Health Clinic two days after the incident to get medication she showed the doctor that she had contracted the infection in a traumatic way the

39:30advisor to seek therapy before Jane Doe decided that she would go to the campus police department she gathered additional documentation she took a photograph of a hikki on her neck more than a week after the incident she took a picture of fading bruises on a buttocks that she alleged it was caused by one of the men hitting her she didn't wash the dress she had been wearing that night to save potential evidence two weeks after the incident and a day before she went to police she went to an emergency room for a pelvic exam according to the documents so again this was investigated after the occurrence but a full I think it was 18 days after the close to three weeks so that the police really couldn't make a crime scene right you would think that wherever the sex took place would have been cleaned up the bedding or wherever the sex took

40:38place perhaps the sheets the pillowcases whatever were washed so unknown if they ever did process the crime I'll call it the crime scene but it wouldn't even have been listed as a crime scene because there was no crime right so was the call that was made on November 7th 2024 was the judgment they made was that excuse me November 8th it was November 8th the call not to make this criminal was that a mistake by both the Cornell police and the district attorney did they make the wrong call I think that universities make these calls

41:39at least a couple times a month probably every university in the country they make these calls but what made this come to the attention and make this a national story is the civil suit that was filed in that Jane Doe is suing Cornell University and now Cornell University of course is insisting that they did the right thing was it an Ivy League cover-up and again we mentioned for there to be a crime there had to be a lack of consent if there was consent there's no crime so is this difficult to determine well now with state attorney general

42:41getting involved the Tisha James and having to re-interview all the people that the Cornell University police already interviewed as well as the victim Jane Doe of course all of the seven accused if there is in fact seven accused they're not going to be interviewed they're going to all invoke counsel if they don't they're out of their mind and I raised a question yesterday the title nine investigators that did an extensive interview really on behalf of the university can that those interviews that that evidence without the presence of counsel for these individuals cannot be used in a criminal prosecution or would the attorneys for these

43:42seven accused if there is that many that are going to be accused if there's going to be a criminal complaint drawn up by the state attorney generals office against these seven can have be used against them I think each attorney for these individuals if any of them get indicted would want that thrown out that they would never read Miranda they would never in custody so that they voluntarily gave these statements but wasn't on the false pretenses oh this is just an administrative hearing this is an administrator hearing this can't be used against you so I question that also can that be used against them but some of the things we know here right is that the six-page interview was produced to the Tompings County District Attorney's office the former DA has said

44:49has since said his office did not receive the complete interview transcript which contained information beyond the shorter statement in November 2024 the Tompings County District Attorney Officer viewed material provided by Cornell University Police and declined to bring criminal charges the DA later said the office relied on the information supplied by campus police rather than conducting a separate full-scale criminal investigation of their own no individuals criminally charged at that time Cornell's internal investigation a separate university title nine gathering a sense of witnesses interviews and other evidence Cornell has said the process resulted in expulsions suspensions and other sanctions while some accused students were found not responsible for certain allegations now this is the title nine investigation now should they be making these

45:54determinations so we know in September 2026 nearly two years later Jane Dole filed a civil lawsuit seven former chai five fraternity members call you not a university and other parties she alleges that she was drugged and sexually assaulted by multiple men at the fraternity house the defendants have not been convicted of any crime and the allegations remain disputed and in September 28th of this year following renewed media attention and the following of the filing of the lawsuit Tompkins County District Attorney Matthew Van Houten announced that the criminal investigation would be reopened and that the case would be considered for presentation to a grand jury now I would have to ask here would a grand jury indict would they indict under these circumstances

47:00I don't know I don't know is there enough evidence CBS news obtained transcript showing Jane Dole's full November 2024 police interview the transgress revealed statements that the former DA said had never been invited to his office including her assertion that she believed she had been raped October 2nd 2026 questions about what Cornell sent the DA Cornell changed language on its public frequently asked questions concerning what investigative material Cornell University police had provided to prosecutors Cornell initially said that all investigatory information had been supplied but later revised that statement this discrepancy has been intensified scrutiny over exactly what evidence prosecutors had when they initially decided not to charge anyone I would think this man you see on the screen

48:03makes these decisions several times a year to prosecute or not to prosecute in this case he made the decision not to prosecute in this case blow up in his face and because it's an election year you see governor Hocal in attorney general the tissue james stop putting their knives you know making stupid statements about certain things that didn't even happen being in the case of the tissue james being totally biased is that how a prosecutor approaches a case with bias isn't the prosecutor supposed to be fair and weigh the evidence before she makes stupid statements and other politicians and the press for that matter the press calling this a seven person gang assault a gang rape that's did have they read all of the information that is freely out there

49:06for them to read I don't think they have folks this is police off the cuff if you're not subscribed hit that subscribe button give us a thumbs up like us share us it helps our algorithm and if you want to contribute to us financially we have a patreon with four different levels and you can contribute to us that way or we have a youtube channel membership five different levels for as little as $299 a month you can become an off the cuffer become a member of our site and and contribute to us financially and you know as I always say to everyone it's not free to do this show so whatever help you could give us we'd appreciate it this is from CNN and they're reporting on the New York Times report such as a text that Jane Doe allegedly sent to one of the fraternity members

50:07concluding that she was assaulted in October 2024 she wrote let's be clear that 90% of what happened that night was not consensual I was given more key than I can remember she said using slang for ketamine she continued and I know that I told you I felt uncomfortable and I didn't know anyone in the room and according to the Times the documents show that four days later Jane Doe went to an emergency room in ifaka and requested a rape kit see it and Jason Carroll has more on these new findings and the host of new questions they now raise Cornell University under increased scrutiny following a report that a crucial part of the school's internal investigation omitted Jane Doe statement I can say with 100% confidence I was raped that allegation not included in what the university handed over to the district attorney the comments sent to me is that there's like a moral feeling people are just like really frustrated that it's taking a whole lawsuit for these people

51:08to be held accountable and that for the survivor to get the justice that she deserves students reacting to a New York Times report which revealed the school gathered more than 1,000 pages of materials from an internal investigation in 2024 which included a transcript of campus police interviews with Jane Doe interviews with Ky-Fi fraternity members accused of sexually assaulting her along with emails and text messages the Times report says Jane Doe spoke for hours to a Cornell police investigator as well as an investigator for the school's title nine office according to the Times the transcript of their conversation stretches about 120 pages the DA telling CNN Wednesday we nipped heaved it and still don't have it it was not part of what Cornell provided to us we got the six page statement and nothing more except the snapchat video the snapchat was allegedly sent from Ky-Fi members asking others to join in on the alleged assault

52:09Cornell's investigation also revealed Jane Doe documented her injuries two weeks after the 2024 incident she went to an emergency room for a pelvic exam she also went to the school's health clinic for treatment of a urinary tract infection telling a doctor she had contracted the infection in a traumatic way the material reviewed by the Times showing Jane Doe went to police after she saw online comments about what happened to her that night at the Ky-Fi house saying members were gang banging Jane Doe saying that's kind of when I came to the realization that I had been gangrate gang assaulted whatever you want to call it that's what happened Cornell's investigation revealed Jane Doe planned to go back to the Ky-Fi house the following week after the alleged assault for a Halloween party her attorney telling CNN it was all part of processing what had happened she was still in the denial stage she could not accept what had happened to her and Pamela right now I'm outside a building here on campus where a student

53:14so that is where we are with this case right now a lot of you know as I say a lot of he said she said and I think that the investigation was not thorough enough I think that perhaps the district attorney here is claiming that some very crucial information was never sent to his office but I would question as to why wasn't the district attorney if they believe that these allegations which apparently they didn't because they didn't press charges right there was no criminal charges again the occurrence the date of occurrence October 19 through October 20th 2024 so we're coming up on two years right so no crime scene because it was reported on the 8th of

54:14November occurred on October 19th October 20th a lot of interviews right and it was determined at that point that there was no crime that a crime was committed because of consent consensual and you can look at the thumbnail lack of consent forcible compulsion in capacity you could say I think that's where you would go because of alcohol and or drugs the other ones she wasn't less than 17 she wasn't mentally disabled or mentally incapacitated physically helpless she might change claim that also because she could have been physically helpless by the ingestion of alcohol and or drugs so it's just it's sort of a shame that this case is becoming so political in an election

55:21year and it just shows that the governor of the state and the attorney general I don't think they're being fair going into the case don't you have to go into that case with an open mind and to look at the evidence and to look at the results your investigation not come in there with a an idea that seven men gang raped a student and then we're going to get them that's what it seems like to me and even though I think that there were mistakes made in this investigation there was a determination a professional determination made by this man that there wasn't enough to prosecute that may be changed a grand jury may come back with an indictment that remains to be seen will a grand jury be in paneled and will that grand jury come back with a true bill

56:25an indictment and will the seven alleged persons males involved in this will they be indicted will they be arrested will they be charged that remains to be seen just a quick note folks the police off the cuff podcast is sponsored by Fandall on the believe network I want to thank everyone for tuning in this is a complicated case but you know it's when you look at it and we all believe in due process of law and when the media starts telling us calling the persons that have even been charged calling them gang rapists that's outrageous and then you have the governor and and and this state attorney general repeating it that's even worse because this supposed to be professionals folks I'm Bill Cannon from police off the cuff thank you so much for tuning in have a great weekend see you next time

57:28chariot