No statute in New York requires a prosecutor to review the raw interview transcript before deciding whether to charge. The signed statement is the document police typically forward and the one prosecutors use for the initial legal review.
Cornell University Police conducted a two-day interview, typed a six-page narrative from it, read the draft back to Jane Doe, allowed her to make handwritten corrections, and obtained her signature under a perjury warning. That signed document is what the department sent the Tompkins County District Attorney’s Office with a request to determine whether the facts alleged a crime.
Van Houten’s office treated the signed statement as the operative account, the same way most New York prosecutors treat a supporting deposition or sworn victim statement when a police agency refers a case. Later, if the case proceeds to grand jury or trial, any prior statements (including the full transcript) become Rosario material that must be disclosed to the defense. That disclosure obligation does not apply at the charging-decision stage.
In short, the signed affidavit was legally enough for the 2024 no-charge decision.
CBS New York reports key differences between the transcript of an interview Jane Doe gave in the wake of her alleged assault in which she expressed 100% confidence she was raped. The DA says he never saw that transcript and based his call not to prosecute on her signed six-page statement. In the interview, she said she was coerced and totally incapacitated. But in the statement, she characterized herself as cognizant throughout.