Sally Yates' Cornell alleged gang rape review could scrutinize crucial police interview, attorney says

A key campus police interview that local prosecutors say they never received in full before initially declining to bring charges in the Cornell University alleged rape case could face fresh scrutiny as former Deputy Attorney General Sally Yates reviews the Ivy League school's handling of the allegations.

Yates, who served as deputy attorney general in the Obama administration, has been tapped by Cornell's trustees to conduct a sweeping independent review of the October 2024 allegations involving members of its Chi Phi fraternity, after the university's own investigation resulted in expulsions and suspensions.

The woman, identified in court papers by the pseudonym Jane Doe, told Cornell University Police during a November 2024 interview, "I can say with 100% confidence I was raped," according to a transcript obtained by CBS News .

She also described later sexual activity as coercive and said she had been "completely and totally incapacitated." Tompkins County District Attorney Matthew Van Houten, however, said his office reviewed a six-page sworn statement that described Doe's participation in the sexual activity and drug use as voluntary and consensual.

Van Houten said his office did not initially receive the complete interview and told CBS News last week that the information in the fuller interview "changes the landscape for me." INSIDE EXPLOSIVE CORNELL RAPE ALLEGATIONS: 7 MEN ACCUSED, CONFLICTING ACCOUNTS AND A POLITICAL FIRESTORM Scott Iseman, a New York attorney who has represented students accused of campus sexual misconduct, said Yates could review Doe's full police interview and compare it with her sworn statement, later testimony and other evidence gathered during Cornell's investigation.

"Those full recorded interviews, I can tell you from experience, have a treasure trove of information that are really, really important to exactly what happened," Iseman said.

"It wouldn't surprise me if there was additional information in there that would have changed the trajectory of this case because that happens all the time," he added.

The apparent differences between Doe's full interview and her shorter sworn statement could be particularly significant, Iseman said.

"Law enforcement is supposed to make sure that all salient facts are included in that sworn statement," he said.

Cornell said its police department provided prosecutors with Doe's sworn statement and a Snapchat screenshot in 2024, describing the evidence-sharing process as standard protocol when a possible crime has occurred.

Iseman cautioned that he had not reviewed the complete interview, which has not been made publicly available, and could not determine whether any omitted information was material.