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Ava DuVernay had plenty to say in the 2019 Emmy-winning Netflix miniseries When They See Us about the damage done on the Central Park 5. This time around, she's speaking out regarding the settlement reached between her and Netflix with Linda Fairstein, the former prosecutor in the case, Deadline exclusively reported.
DuVernay told Deadline, “After years of legal wrangling and millions of dollars spent, she walked away with no payment to her or her lawyers of any kind, rather than face cross examination before a New York jury as to her conduct and character.”
The four-year defamation suit was set for trial June 10.
DuVernay vs. Fairstein
“I believe that Linda Fairstein was responsible for the investigation and prosecution of the Central Park Jogger case that resulted in the wrongful conviction of five innocent Black and Brown boys,” the Array founder continued.
“In the days leading up to her defamation trial, Linda Fairstein decided that she was not willing to face a jury of her peers. It's a phenomenon that often happens with bullies. When you stand up to them, unafraid, they often take their ball and go home,” she added.
Fairstein filed a lawsuit for unspecified damages, as well as an apology and more. She claimed that Felicity Huffman's portrayal of her in the series made her seem like a “racist, unethical villain who is determined to jail innocent children of color at ant cost.”
While both DuVernay and Netflix wanted the case dismissed, US District Judge Kevin Castel determined late last year that he found that there was “clear and convincing evidence that defendants were recklessly indifferent to the truth.” Due to that, the trial will not proceed.
Hours before the deal, which saw no money changing hands, was announced between the filmmaker, the streaming platform and Fairstein over the former Manhattan Assistant District Attorney's 2020 suit, DuVernay is stating her point-of-view of the situation.
On Tuesday, all three released a curt statement which said, “The parties announce that they have resolved this lawsuit. Netflix will donate $1 million to the Innocence Project. Ms. Fairstein will not receive any money as part of this settlement.”
Aside from walking away without compensation, Deadline also reported that Fairstein doesn't have a confidentiality agreement usually tied to agreements like this as well as without Netflix and DuVernay's admission of fault.
From the Central Park 5 to the Exonerated 5
In 2015, the Central Park 5, Rayomond Santana, Antron McCray, Kevin Richardson, Yusef Salaam and Korey Wise became the Exonerated 5, 13 years after Matias Reyes, serial rapist and murderer, confessed to the attack while he was in prison for another crime.
Due to the long time between the crime and the reopening of the case, Reyes wasn't prosecuted for the crime due to New York's then statute of limitations for sex crimes.
However, there is a silver lining to all the years the five lost: last year, Salaam won his 9th District, Harlem to Central Park, election to the New York City Council in a landslide victory.
The Innocence Project is a nonprofit legal organization committed to exonerating individuals who are wrongfully convicted. The organization uses DNA testing as well as working to reform the criminal justice system.
It exclusively focuses on appeals made after convictions where there is available DNA evidence to testing or retesting. The organization also does research and advocacy regarding wrongful convictions.
DuVernay, who was recently honored with the Casting Society's Career Achievement Award, laid out a scathing statement against Fairstein.
“I believe that Linda Fairstein was responsible for the investigation and prosecution of the Central Park Jogger case that resulted in the wrongful conviction of five innocent Black and Brown boys. As the head of the Manhattan Sex Crimes unit, Linda Fairstein was in the precinct for over 35 hours straight while the boys were interrogated as adults, often without parents present,” her statement read.
The filmmaker insisted that the miniseries did not get Fairstein cancelled, that it was the former ADA's “own actions and words are responsible for everything that she is experiencing.”
