NEW YORK — Former Manhattan prosecutor Linda Fairstein and Netflix announced Tuesday that they have settled the case defamation lawsuit she filed a complaint four years ago over her portrayal in the streaming service’s miniseries about the five black and Latino teens known as the now-exonerated Central Park Five.
Fairstein had argued that the 2019 four-part series “When They See Us.” slandered her by portraying her as a “racist, unethical villain” and attributing actions, responsibilities, and views that were not her own.
The case was expected to go to trial later this month. Fairstein said in a statement that “the decision to end this fight was not an easy one,” and expressed confidence that she would have presented a “compelling case to the jury.” Although Fairstein will not receive any money as part of the settlement, Netflix has agreed to donate $1 million to the Innocence Project, a nonprofit organization dedicated to exonerating people who have been wrongly convicted.
Viewers of the series will now also see a disclaimer stating: “Although the film is inspired by actual events and people, certain characters, incidents, locations, dialogue and names have been fictionalized for the purpose of dramatization.”
“This is what this case was about – not about ‘winning’ or any financial restitution, but about my reputation and that of my colleagues,” she said in a statement. “It was about correcting the historical evidence that I was not the vile caricature created by the defendants and depicted on screen.”
Fairstein was Manhattan’s top sex crimes prosecutor in 1989, when the five teenagers were accused of a vicious attack on a jogger in Central Park. The convictions were overturned in 2002 after convicted murderer and serial rapist Matias Reyes admitted to committing the crime alone. DNA linked him to it.
Fairstein, who became a bestselling crime author after retiring from the Manhattan district attorney’s office, observed the boys’ interrogation but did not personally work the case.
She was dropped off by her publisher and resigned from several boards she served on after “When They See Us,” which dramatizes the events surrounding the trial, debuted.
Ava DuVernay, who directed and co-wrote the series, and Attica Locke, a writer and producer of the series, were named as defendants in the defamation case. DuVernay said in a statement on the social media platform X that she still believes Fairstein was responsible for the investigation and prosecution of the five teens.
“As head of the Manhattan Sex Crimes Unit, Linda Fairstein was in the police station for more than 35 hours at a time while the boys were interrogated as adults, often without their parents present,” she said, alleging that Fairstein knew what was going on in the interrogation rooms happened. .
DuVernay accused Fairstein of being unwilling to face a jury of her peers.
“I hope that one day Linda Fairstein can come to terms with the role she played in this miscarriage of justice and finally accept responsibility,” she said.