NY Defense Attorney Calls the Tompkins County DA's Cornell Decision "Truly Stunning"

Hosts Thomas and Lydia welcome criminal defense attorney Liz Skeen to analyze the legal fallout from the Cornell University sexual assault case. Skeen critiques the Tompkins County DA’s decision to dismiss charges based solely on a brief police summary rather than a full investigation, highlighting systemic failures and potential bias. The discussion details New York’s specific rape statutes, including the distinction between forcible compulsion and involuntary intoxication, and explains why the lack of a proper initial inquiry has complicated the current special prosecution.

Topics discussed

Sponsor: Progressive Insurance Intro: Matt's absence and Liz Skeen's Cornell case analysis Gavel Gavel intro and value of defense attorney perspective Sponsor: Kalshi prediction market Sponsor: Wealthfront cash account Overview of the three related legal complaints Analysis of the Jane Doe complaint's length and boilerplate Discussion on civil litigation strategy and multiple defendants Investigating the 'ProHack Viche' attorney reference Critique of the complaint's detail and allegation sections The Tompkins County DA's decision not to prosecute Initial reactions to the DA's statement and process The role and status of Cornell University Police Department Campus police as university employees and peace officers The six-page statement and Jane Doe's handwritten notes Potential charges: consent, sex abuse, and missing interviews HR's role in writing the statement and victim's corrections The DA's paraphrasing of the victim's statement Specific allegations in the DA's paraphrase and missing transcript Victim's lack of knowledge about police investigation DA's claim that victim must request a meeting Criticism of placing burden on the 19-year-old victim Sarcasm regarding the DA's 'heroic' service Speculation on DA's motivation for inaction General prosecutor mindset vs. this specific case Liz's experience with weak rape cases and dismissals Comparison: charging first vs. investigating later Grand jury process and the failure to convene Political pressures and privilege in Cornell cases Cornell's interest in avoiding high-profile trials Unconscious bias and rape culture in decision making Analysis of the word 'confirmed' in the DA's statement Assault charges and the DA's failure to confirm facts Police charging decisions vs. legal relevance Stunned by the reliance on police-written statements Sponsor: Wealthfront cash account Contradictions and the need for more police action Potential charges and the importance of the rape kit The necessity of interviewing the victim and witnesses Evidence destruction and the two-year delay Timeline and the DA's promise to reopen the case Overview of New York rape degrees and Model Penal Code Physical helplessness and unconsciousness allegations Victim's memory of the end of the night Charging all seven individuals and cooperation The insufficiency of the current evidence Forcible compulsion and physical force in New York law Assessment of forcible compulsion based on bruises The need for further investigation and document preservation Mental incapacity and involuntary intoxication definitions State laws on involuntary impairment and drugging Challenges in supporting second-degree rape charges Political pressure to change New York intoxication laws Definition of rape in the third degree Rape in the third degree: lack of consent vs. incapacity Common scenarios for third-degree rape charges Express non-consent and reasonable person standard The difficulty of explaining these charges to laypeople Unwanted touching and consent questions in the case Contrast with Liz's typical over-charged clients Exasperation at the DA's inaction in Ithaca The DA's failure to schedule a simple meeting The narrow view of rape held by the DA's office Future implications for New York and other state laws The legal gap regarding intoxicated victims Forcible compulsion and the failure to charge Sponsor: Progressive Name Your Price tool Sponsor: Wealthfront cash account Analysis of the bias complaint against the defendant Prosecutors' right to speak vs. bias allegations Assessment of the defendant's social media posts The media war and the strategy of silence The defendant's suspension and return to campus Strategic reasons for the defendant's silence Speculation on the defendant's legal strategy Questions about the defendant's culpability and actions Closing remarks and thanks Sponsor: Wealthfront investment portfolio

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NY Defense Attorney Calls the Tompkins County DA's Cornell Decision "Truly Stunning"

Summary

Topics discussed