
被告的律师于周四晚些时候要求撤回。起诉康奈尔大学及其他多名被告的女子的律师周三推翻了限制案件言论的尝试,指控被告方律师向新闻媒体泄露信息。
An attorney for the defendant demanded a retraction later Thursday. A lawyer for the woman who is suing Cornell University and multiple other defendants in connection with an alleged gang rape at a fraternity house pushed back Wednesday against an attempt to restrict what is said about the case, accusing attorneys for the defendants of leaking information to the news media.
此案中,法庭文件中被称为Jane Doe的前学生起诉了常春藤盟校以及七名男子等,引发了国际关注,并在性侵犯、毒品使用和同意问题上引发了激烈争论。此案还导致与案件相关人员遭到严重的人肉搜索,以及被错误认定为与案件相关的人员遭到骚扰。
This case, in which the former student known in court documents as Jane Doe has sued the Ivy League school and seven men, among others, has sparked international attention and heated debate over sexual assault, drug use and consent. It has also led to intense doxing of people connected to the case, and harassment of people mistakenly identified as connected to the case.
上周,纽约州纽约县最高法院法官Phaedra F. Perry-Bond因一名与其中一名被告同名的美国海军陆战队员遭到人肉搜索以及“危险的网络私刑行为”,封存了案件中的若干文件。本周,双方律师互相指责对方试图在媒体而非法庭上审理此案。
Last week, Judge Phaedra F. Perry-Bond of the New York Supreme Court in New York County sealed several of the documents in the case, citing the doxing of a U.S. Marine who shares the name of one of the defendants, and “dangerous internet vigilantism.”This week, lawyers on both sides accused the other side of trying the case in the media rather than in court.
周二,案件中一名被告的律师要求法官限制律师及其他案件相关人员在法庭外发表的可能影响案件裁决的言论,以及关于案件的公开或媒体声明,以及包括私人地址在内的可能导致人肉搜索的信息披露。
On Tuesday, lawyers for one of the defendants in the case asked the judge to restrict comments made outside of court by lawyers and others involved that could prejudice the adjudication of the case, as well as public or media statements about the case, and disclosure of information including private addresses and other information that could lead to doxing.
在法庭文件中,被告方律师写道,Jane Doe的律师之一Giuffra多次向媒体发表言论,这些言论“很可能实质性地影响潜在陪审员”,并导致或伴随对其当事人及其他被告的威胁和骚扰。他们指控Giuffra故意通过一场精心策划的宣传轰炸,试图在媒体上审理此案。
In court documents, the defendants’ lawyers wrote that one of Jane Doe’s attorneys, Giuffra, made numerous statements to the media that have “a substantial likelihood of materially prejudicing prospective jurors,” and resulted in or coincided with threats and harassment of their client and other defendants. They accused Giuffra of deliberately trying his case in the media with an orchestrated blast of publicity.
周三,朱弗拉致信法官,反对这项拟议的禁言令。他在信中写道:“当然,在适当情况下法院有权下达禁言令,但在本案中,禁止我代表多伊发声将违反《美国宪法第一修正案》。”
Giuffra responded Wednesday with a letter to the judge opposing the proposed gag order. “Certainly, courts are permitted to issue gag orders in appropriate circumstances,” he wrote, but in this case he argued that preventing him from speaking on Doe’s behalf would violate the First Amendment.
他提到自己曾参与多起备受瞩目的案件,包括针对前电影制片人哈维·韦恩斯坦以及音乐大亨肖恩·“迪迪”·库姆斯的法律诉讼。他还否认了自己在本案中进行了“媒体攻势”的说法。朱弗拉称,当记者要求他提供康奈尔大学针对此案开展的《第九条》相关调查文件时,他因受保密协议约束而予以拒绝。
He noted that he has been involved in other high-profile cases, including claims against former movie producer Harvey Weinstein and music mogul Sean “Diddy” Combs, and denied the assertion that he had engaged in a “media blitz” in this case. Giuffra said that when asked by reporters to share the documents from Cornell’s Title IX investigation of the case, he declined, citing a confidentiality agreement.
朱弗拉在法庭文件中指出,他确信这些《第九条》相关记录是由被告方的律师泄露出去的,目的就是试图将所谓的强奸与性侵行为描述为双方自愿行为。
Giuffra wrote in the court filing that it was clear to him that Title IX records had been leaked by attorneys for the defendants in an effort to portray the alleged rapes and assaults as consensual.
“根据我对文件持有者及信息传播对象的了解,我可以肯定:被告方代表将《第九条》相关记录泄露给媒体,目的是向与负责相关刑事案件的某位律师有直接联系的特定媒体机构灌输对其当事人有利的说法,”朱弗拉写道。
“Based on what I know about who had copies of the records and who it was released to, it is very clear to me that representatives of the Defendants have leaked the Title IX records to the media to push a narrative in favor of their clients to a certain media outlet with direct ties to one of the attorneys handling the related criminal matter,” Giuffra wrote.
他还列举了自己向记者提供的材料。这些材料包括诉状中所附的群聊记录第二页——这段对话据称始于某名被告告知其他成员兄弟会会所里有“免费的性伴侣”。此外,他还向媒体提供了他和多伊收到的死亡威胁信副本,以及多伊家中发生恶作剧式报警事件后的警方报告副本。
He also listed what he said he had provided to reporters. Those documents included the second page of a group chat included in the complaint — the continuation of a conversation among fraternity members that allegedly began with one of the defendants alerting others that there was “free p---y” in the chapter house. He also said he gave media copies of death threats he and Doe received, and copies of police reports from a swatting incident at Doe’s home.
Giuffra写道,由于他参与了针对Combs的诉讼,他非常熟悉“辩护律师事务所指派一名辩护团队的‘影子成员’在全国媒体上推动其议程”的做法。他写道,同样的策略正在这里被使用。他写道,在纽约州州长Kathy Hochul(民主党人)为Jane Doe一案任命特别检察官后,被告律师开始就该案发表公开声明。
Giuffra wrote that because of his involvement in litigation against Combs, he is very familiar with the way “defense firms appoint a shadow member of the defense team to push its agenda in the national media.”The same tactics are being used here, he wrote. After New York Gov. Kathy Hochul (D) appointed a special prosecutor for the Jane Doe case, he wrote, the defendants’ lawyers began making public statements about the case.
Giuffra还写道,被告律师之一的父亲Mark Geragos曾多次攻击Doe的可信度。
Giuffra also wrote that Mark Geragos, the father of an attorney for one of the defendants, had repeatedly attacked Doe’s credibility.
“Geragos先生介入媒体舆论战,旨在削弱一名幸存者的指控,这是我以前见过的做法,”Giuffra写道。Mark Geragos周四未立即回应置评请求。
“Mr. Geragos’s entry into the media fray with the goal of undermining a survivor’s claim is one that I have seen before,” Giuffra wrote. Mark Geragos did not immediately respond to a request for comment Thursday.
“就Giuffra先生暗示我泄露任何信息而言,那是假的,”Teny Geragos周四在给《华盛顿邮报》的电子邮件中写道。“但事实将大白于天下,它们将显示我的当事人没有袭击或伤害此人。”
“To the extent Mr. Giuffra is implying I’m leaking anything, that is false,” Teny Geragos wrote in an email to The Washington Post on Thursday. “But, the facts will come out and they will show my client did not assault or harm this person.”
Teny Geragos周四上午在给Giuffra和另一名律师的电子邮件中要求对方在周五前撤回指控,并写道:“你在毫无事实依据的情况下公开指控我有职业不端行为,这令人愤慨、冒犯,且完全不可接受。”
In an email to Giuffra and another lawyer Thursday morning, Teny Geragos demanded a retraction by Friday and wrote, “Your decision to publicly accuse me of professional misconduct without any factual foundation is outrageous, offensive, and entirely unacceptable.”
她还写道:“我从未泄露任何信息,你的暗示纯属捏造。”Saland及其他被告的律师周四未立即回应置评请求。
She also wrote, “I have never leaked any information, and your suggestion otherwise is categorically false.”Saland and lawyers for other defendants did not immediately respond to requests for comment Thursday.
Miltenberg表示,律师们尊重Jane Doe的隐私,但这七名已公开身份的被告理应获得有意义的回应机会。
Miltenberg said that the lawyers respect Jane Doe’s privacy, but the seven publicly identified defendants deserve a meaningful opportunity to respond.
“吉乌夫拉先生致法院的信件具有讽刺意味的是,正是他主动邀请了媒体审查,积极在电视、印刷和在线媒体上推广简·多伊的叙事,”米尔滕伯格周四早上在一封电子邮件中写道。“他一直在利用媒体,甚至在任何被告有机会看到简·多伊的诉状并作出回应之前就已经这样做了。如今他不喜欢辩方的回应,便向法官抱怨。”
“The irony of Mr. Giuffra’s letter to the court is that it was he who invited media scrutiny, aggressively promoting Jane Doe’s narrative across television, print, and online media,” Miltenberg wrote in an email Thursday morning. “He has continually used the media, including well before any of the defendants had an opportunity to even see Jane Doe’s filing and respond. Now that he dislikes the defense’s response, he is complaining to the Judge.”
他们还表示,吉乌夫拉在诉状提交前并未否认曾与校园报纸《康奈尔每日太阳报》进行协调,并写道,他试图通过指控马克·杰拉戈斯和特尼·杰拉戈斯“在另一起完全不同的案件中参与所谓的媒体操纵阴谋”来为自己的行为辩护。“他似乎毫无证据地这样做,纯属猜测。”诺克斯和比马尼重申了他们对禁言令的呼吁。
They also said that Giuffra had not denied coordinating with the campus newspaper, the Cornell Daily Sun, before the lawsuit was filed, and wrote that he had attempted to defend his actions by accusing Mark Geragos and Teny Geragos “of engaging in a supposed conspiracy to manipulate the media in a completely different case. He appears to do this with no evidence, operating on pure speculation.”Knox and Bhimani reiterated their call for a gag order.
“吉乌夫拉先生的荒唐断言 — — 关于本案被告、关于他的当事人以及关于其他律师 — — 全部表明,实现公平竞争环境的唯一途径是通过法院命令,合理限制律师和当事人参与此类无节制的煽情且带有偏见的公开媒体炒作。”
“Mr. Giuffra’s wild assertions — about the defendants in this case, about his client, and about other attorneys — all go to show that the only way to achieve a level playing field is through a Court order that reasonably restricts the attorneys and parties from engaging in such unbridled salacious and prejudicial public media hits.”