Attorneys Sought Gag Order in Sarabia Sex Assault Case
Defense counsel filed a motion in Manhattan court to limit the plaintiff attorney's media appearances.
Updated on Oct. 12, 2026 in Sex Crimes
Defense attorneys for Diego Sarabia requested a gag order against the plaintiff's lawyer on Monday, citing concerns over public comments. Sarabia is one of seven fraternity brothers currently facing accusations of drugging and gang-rape.
Why it matters
Defense counsel argues that the attorney's media presence could influence potential jurors and bias the jury pool in this high-profile case. The motion aims to restrict public statements to ensure a fair trial process for the defendants.
The filing was submitted in Manhattan state supreme court on Monday regarding the status of seven accused Cornell fraternity brothers. Several of the co-defendants have not yet retained legal counsel for the ongoing proceedings.
The players
Diego Sarabia
He is one of seven fraternity members accused of drugging and gang-rape.
Thomas Giuffra
He is the attorney representing the plaintiff in the sexual assault lawsuit.
James Knox
He is a defense attorney currently representing Diego Sarabia in court proceedings.
Alishah Bhimani
He serves as legal counsel for the defense of Diego Sarabia.
The details
The motion filed by James Knox and Alishah Bhimani targets attorney Thomas Giuffra, who represents the plaintiff in the case. Sarabia faces specific allegations of forcibly kissing a woman and consuming ketamine from her person during the incident.
Timeline
The motion for a gag order was filed in court on Monday, October 12, 2026.
Legal Context
This case follows a pattern set by the 2014 Duke University lacrosse case media coverage standards by attempting to curb pretrial publicity. The legal maneuver reflects ongoing tensions between the right to a free press and the right to a fair, impartial trial in high-profile criminal matters.
The filing of this motion suggests the legal proceedings are moving into a phase where the court may impose stricter controls on public discourse. Residents and businesses in Manhattan can monitor subsequent court rulings, which may determine how much information is publicly available as the case moves toward trial.
The takeaway
Gag orders are often deployed by defense teams to preserve the possibility of an unbiased jury in cases with high media visibility. While these motions are common, their success depends on a judge finding that public commentary poses a genuine threat to judicial fairness.
Further reading
For more information on legal developments in the region, visit New York City Sex Crimes.
