其中一个人的律师在民事诉讼中由一名前康奈尔大学学生提出,她声称自己是性侵犯在2024年的一个学校兄弟会上,她要求纽约法官对此案实施禁言令,认为围绕此案的宣传有玷污潜在陪审员的风险。
迭戈·萨拉比亚的律师周一要求“严格限制”,以防止律师和民事案件的当事人在法庭外对指控发表评论。
“自诉讼开始以来,原告律师通过广泛传播的媒体声明反复阐述了案情,”该动议称。"这些陈述在发现和审判之前向公众提出了有争议的指控和对证据的解释."
2024年11月,事件发生三周后,一名当时的本科生无名氏向校园警察投诉说,她被被一群男人强奸在Chi Phi兄弟会。她对这些人和这所大学提起了民事诉讼声称她被下药并被强奸。
没有刑事指控,但调查纽约司法部长的调查正在进行中。
这个案件震惊了整个大学,并引发了关于对性侵犯指控的处理在全国的大学校园里。
萨拉比亚的律师詹姆斯·诺克斯(James Knox)认为,禁令将限制“可能的陪审员偏见”,并防止可能导致“威胁、欺诈、恐吓和法外接触”的敏感信息的潜在泄露。诺克斯还向法庭提交了一份他称之为无名氏的律师托马斯·吉弗拉所做的“偏见声明”的清单。
“原告律师自提起诉讼以来就一直在媒体上尝试他的案子,”该动议称。“他参与的媒体之旅的完整目录将远远超过必要的长度,以确定这些言论对本案的公正司法和各方造成的潜在风险。”
在回应动议的一份声明中,Giuffra说,“辩方试图通过大规模泄露机密文件,接受采访质疑多伊女士的故事,并称她的诉讼不道德,来反驳本案中的指控。这些改变叙述的尝试都没有成功。”
“辩方现在试图让我和多伊女士保持沉默,因为我们已经非常成功地反驳了他们破坏她的故事的无效企图,”声明说。“真理总会胜出。”
萨拉比亚在诉讼中被指控抓住并亲吻无名女尸,然后“在她身上浇上氯胺酮并用鼻子吸。”他否认有不当行为,根据美国广播公司新闻查阅的康奈尔文件,他之前辩称这种互动是双方自愿的。
上周,一名与该案被告同名的海军陆战队成员要求法院限制该案的一些文件,因为他和他的家人一直是“持续不断的骚扰,包括来自公众的死亡威胁”的对象。
法官淮德拉·佩里·邦德同意在周五封存一些文件,谴责她所称的“误导的治安维持会”
“本法庭强烈谴责报道的威胁和恐吓行为,这只能被描述为鲁莽、鲁莽,最终是危险的互联网治安维持会,”法官写道。“几个世纪以来,我们的社会发展了各种程序和法律机制,以确保向所有人提供正义和正当程序。当某些行为者决定在这些强大和发达的框架之外工作时,无辜的人往往会受到伤害。这正是这里发生的事情。”
Accused Cornell University student asks for gag order
Lawyers for one of the men namedin a civil lawsuitbrought by a former Cornell University student who alleged she wassexually assaultedat a school fraternity in 2024 is asking a New York judge to impose a gag order in the case, arguing the publicity surrounding the case risks tainting potential jurors.
Attorneys for Diego Sarabia on Monday asked for "narrowly tailored restrictions" that would prevent lawyers and parties in the civil case from commenting on the allegations outside of court.
"Since this action began, Plaintiff's counsel has repeatedly addressed the merits through widely disseminated media statements," the motion said. "These statements present disputed allegations and interpretations of evidence to the public before discovery and trial."
A then-undergraduate student identified only as Jane Doe made a complaint to campus police in November 2024, three weeks after the incident occurred, that she had beenraped by a group of menat the Chi Phi fraternity house. She has filed a civil suit against the men and the universityalleging that she had been drugged and raped.
No criminal charges have been filed, but aninvestigationby the New York attorney general is ongoing.
The case has rocked the university and started conversations abouttreatment of alleged sexual assaulton college campuses across the country.
James Knox, an attorney for Sarabia, argued that a gag order would limit "possible juror prejudice" and prevent the potential release of sensitive information that could lead to " threats, doxing, intimidation, and extrajudicial contact." Knox also submitted to the court a list of what he described as "prejudicial statements" made by Thomas Giuffra, an attorney for Jane Doe.
"Plaintiff's counsel has been trying his case in the media since filing the lawsuit," the motion alleged. "A full cataloguing of the media tour he has engaged in would be far lengthier than necessary to establish the potential risks these statements are incurring upon the fair administration of justice in this case and upon the parties."
In a statement responding to the motion, Giuffra said, "The Defense has tried to rebut the claims in this case by engaging in a wholesale leaking of confidential documents, giving interviews calling Ms. Doe's story into question and calling her lawsuit immoral. These attempts to shift the narrative have not been successful."
"The Defense is now attempting to silence me and Ms. Doe because we have been so successful in rebutting their ineffectual attempts to undermine her story," the statement said. "Truth always wins out."
Sarabia is accused in the lawsuit of grabbing and kissing Jane Doe before "pouring lines of Ketamine all over her body and snorting them." He has denied wrongdoing, and according to Cornell documents reviewed by ABC News, he previously argued that the interaction was consensual.
Last week, a member of the Marine Corps who shares the same name as one of the defendants in the case asked the court to restrict some of the filings in the case because he and his family have been the subject of "continued and ongoing harassment, including death threats from members of the public."
Judge Phaedra Perry-Bond agreed to seal some of the filings on Friday, condemning what she described as "misguided vigilantism."
"This Court strongly condemns the reported acts of threats and doxing, which can only be characterized as brash, reckless, and ultimately dangerous internet vigilantism, " the judge wrote. "Our society has developed procedures and legal mechanisms over the course of centuries to ensure justice and due process are afforded to all. When certain actors decide to work outside those robust and developed frameworks, innocent people often get hurt. That is precisely what has happened here."





