Former Central Park Five prosecutor may sue Netflix for libel, judge says

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“When They See Us” tells the story of the “Central Park Five” – ​​five teenage boys of color who were wrongly convicted of participating in the rape and beating of a woman jogging in Central Park in 1989.

Fairstein claims she was vilified because her portrayal was inaccurate. The complaint was first filed in March 2020. Fairstein was played by Felicity Huffman on the series.

“The series features [Fairstein] as the architect of various theories on the guilt of the Five, and through the concluding scenes of the series, she remains convinced of their involvement in the face of contrary evidence, ”noted US District Judge Kevin Castel in his ruling . “Fairstein alleges that almost every scene depicting her is a fabrication which presents her in a false and defamatory light. “

Netflix had argued that its series used a drama license protected by the First Amendment. But Castel decided that Fairstein could sue because his portrayal in five scenes could be libelous.

“The average viewer might conclude that these scenes have a factual basis and do not simply reflect the creators’ opinions on controversial historical events,” the judge wrote.

Andrew Miltenberg, Fairstein’s attorney, said in a statement he was “exceptionally satisfied” with the ruling.

"When they see us" creators sued for defamation by a former prosecutor

“Judge Castel’s ruling acknowledges what we have said from the start, that viewers of” When They See Us “believe that the totally false and defamatory portrayal of Ms. Fairstein’s defendants as” a central villain “in” When They See Us “has a basis of truth,” he said. “We are pleased that Ms. Fairstein now has the opportunity to pursue her allegations regarding five critical scenes in the series that falsely portray Ms. Fairstein engaging in behavior. coercive and discriminatory in order to build a case against innocent young men of color. “

A Netflix (NFLX) The spokesperson told CNN Business in a statement that the company “will continue to vigorously defend” When They See Us “and the incredible team behind the series, and we are confident that we will prevail against the few remaining claims of Mrs. Fairstein. “

DuVernay and Locke did not respond to requests for comment.

– CNN’s Sonia Moghe contributed to this report.

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