McCAUGHEY: Hollywood lawyers perverting justice in Cornell case

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The civil trial of the seven Cornell University fraternity men is already being turned into a media spectacle with almost no chance of fairness to the accused unless the court shuts down the theatrics pronto.

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This is basically a case about the actions of eight college kids, but it has an all-star cast of legal titans, including Thomas Giuffra, who represents the female accuser. Giuffra has raked in millions of dollars representing women accusing Harvey Weinstein and Sean “Diddy” Combs of sexual assault.

Mark Geragos, who has represented Combs, NFL quarterback Colin Kaepernick and Hunter Biden, is acting as what Giuffra calls a “shadow member of the defence,” appearing on TMZ, while his daughter, Teny Geragos, an established lawyer in her own right, represents one of the accused.

These big-shot lawyers are on the case because deep-pocket Cornell is also one of the defendants. Civil suits are about money, not sending anyone to jail.

Jane Doe, the accuser, is firing off written statements to CNN and other media outlets claiming she was “raped” and “brutalized” in the Chi Phi fraternity house. But New York State law shields her with anonymity. Public officials can’t release her name unless the court orders it.

The anonymous Ms. Doe is awash in accolades. Actress Florence Pugh called Doe “so unbelievably powerful” and “so strong-willed.” Nonsense. There’s nothing powerful about hiding your identity instead of standing by your claims.

Meanwhile, the seven accused young men — all named in the complaint filed on Sept. 16 — are being dragged through the mud; one was even fired from his job. Giuffra could have omitted their names, calling them John Doe No. 1 through John Doe No. 7. In fact, Giuffra spared certain Cornell faculty and administrators who are also defendants, calling them John Does. But with the frat men, he went for the jugular.

One-sided gag order

Last week, lawyers for one of the accused male students asked the court to put a stop to the trial by publicity “to ensure that the litigation occurs where it belongs, in the courtroom, rather than through an ongoing public relations campaign.” They warned of “improper influence upon the prospective juror pool.” The request cited examples of Doe and Doe’s attorney asserting that she was incapable of consent and that defendants had engaged in a cover-up and disposed of evidence, facts that should be established in a courtroom with witnesses cross-examined. The defence lawyers requesting the gag order asked that it be applied to both sides as an even-handed approach.

But on Oct. 16, Judge Phaedra F. Perry-Bond summarily rejected the request, offering a lot of blather but no real substance. She claimed that the request is a “‘side show’ meant to muddy the waters and distract from the merits of the claims.” She added that “there’s nothing stopping defendants from demonstrating through the course of litigation” that the statements made in the press are untrue. That’s like saying “the sky is blue.”

The result is that Doe is free to attack the defendants by name, but they are muzzled from naming her.

The judge’s ruling leaves Giuffra free to continue playing the press like a fiddle. Even before filing the suit, he had provided information to a Cornell Daily Sun reporter, ensuring she was, in her own words, “really prepared” when the story broke.

Jane Doe has forfeit her right to anonymity

On Tuesday, Giuffra was at it again. The New York Times ran a front-page story about a letter from Doe, delivered by Giuffra to the Cornell University Senate, asking the body to condemn the university administration for its inaction.

He’s trying to get a judgment against Cornell in the court of public opinion before the trial even starts.

This civil case is just beginning. There’s time to right the ship and provide justice. First, look for one of the defendants to request that Doe be identified. Her active engagement with the press should automatically forfeit her right to anonymity. Secondly, pressure is building for the defendants to also face criminal charges and, if convicted, long prison sentences. But the decision should be made based on evidence, not politics.

Ithaca District Attorney Matthew Van Houten says criminal charges were not brought in 2024 because “(n)othing in Doe’s original statement indicated she was drugged without consent or had sex against her will.” According to Van Houten, Doe’s statement to police in 2024 says that “each time Jane Doe asked to stop the sexual conduct, the sexual conduct stopped.” These facts are omitted from the civil complaint.

Doe’s experience at the Chi Phi fraternity house was horrible. But a jury will decide who is responsible for the tragedy that night. That’s the American way — an impartial jury presented with the facts. Not Hollywood lawyers calling the shots on television.

Betsy McCaughey is a former lieutenant-governor of New York State