Fairstein’s lawsuit against Netflix for defamation over her portrayal in the miniseries “When They See Us” has been settled, with Netflix agreeing to donate $1 million to the Innocence Project. The series depicted the story of the Central Park Five, five Black and Latino teenagers who were wrongfully convicted of a crime in 1989. Fairstein, who was portrayed as a villain in the series, argued that the depiction was false and defamatory. While she will not receive any money from the settlement, she stated that her main goal was to set the record straight about her reputation.
The disclaimer will now be added to the series, stating that while it was inspired by real events, certain aspects have been fictionalized for dramatic purposes. Fairstein expressed that the case was not about financial gain but about correcting the false portrayal of her character. As the former Manhattan sex crimes prosecutor during the Central Park Five case, Fairstein faced backlash after the release of the series. She was dropped by her publisher and resigned from various boards due to the negative portrayal of her character in the show.
Ava DuVernay, the director and co-writer of the series, and Attica Locke, a writer and producer, were named as defendants in the lawsuit. DuVernay maintains that Fairstein played a significant role in the investigation and prosecution of the Central Park Five. She emphasized that Fairstein was present during the boys’ interrogations and should take responsibility for her actions. DuVernay expressed hope that Fairstein would ultimately acknowledge her role in the miscarriage of justice and accept accountability for her decisions.
Fairstein’s reputation as a crime author and former prosecutor was tarnished following the release of “When They See Us.” Despite not personally trying the case of the Central Park Five, she was heavily involved in the investigation. The convictions of the teenagers were overturned in 2002 after DNA evidence linked a different individual to the crime. The Innocence Project, which will receive the settlement donation from Netflix, works to exonerate wrongfully convicted individuals and seek justice for those who have been wrongly imprisoned.
The settlement between Fairstein and Netflix comes after four years of legal battle and is seen as a resolution to the defamation claims made by Fairstein. The case was heading towards trial before the decision to settle was reached. Fairstein expressed confidence in her ability to present a compelling case to the jury but ultimately decided to end the fight to protect her reputation and that of her colleagues. The donation to the Innocence Project signifies a commitment to addressing wrongful convictions and seeking justice for those who have been unjustly accused.
