Skip to main content

Judge blocks release of Ken Burns footage

By Chris Boyette, CNN
updated 5:59 AM EST, Thu February 21, 2013
A federal judge has blocked New York City from acquiring footage produced by documentary filmmaker Ken Burns.
A federal judge has blocked New York City from acquiring footage produced by documentary filmmaker Ken Burns.
STORY HIGHLIGHTS
  • U.S. magistrate judge rules city had not shown enough reason to trump press freedoms
  • City asked for the footage to use to defend itself against a federal lawsuit
  • "The Central Park five" were convicted of raping 28-year-old woman in 1989
  • The men have since been exonerated and have filed the lawsuit

New York (CNN) -- A federal judge has blocked New York City from acquiring footage produced by documentary filmmaker Ken Burns about a 1989 rape case concerning five wrongfully convicted men.

U.S. Magistrate Judge Ronald L. Ellis ruled Tuesday that the city had not shown enough reason to trump press freedoms when it requested interviews and unreleased footage from the Burns' film "The Central Park Five."

The men have since been exonerated.

The city had asked for the footage as part of an attempt to defend itself against a decade-long, multimillion-dollar federal lawsuit the men have since filed in the racially charged case.

Documentarian Ken Burns fights New York

Lawyers for New York City filed a subpoena demanding that Burns and his production company, Florentine Films, give them the unpublished interviews and unreleased footage not used in the documentary, which premiered at the Cannes Film Festival in 2012.

"While journalistic privilege under the law is very important, we firmly believe it did not apply here. It is our view that we should be able to view the complete interviews, not just those portions that the filmmakers chose to include," city attorney Celeste Koeleveld said.

Burns, his daughter, Sarah Burns, her husband David McMahon, who co-wrote and produced the film, along with their production company, fought the subpoena primarily on the ground that the city's argument was not strong enough to trump reporter's privilege codified in the New York Shield Law, which protects journalists and their sources.

In a statement, Burns said, "David McMahon, Sarah Burns and I are grateful for this important decision; we feel the judge made exactly the right ruling. We are also mindful that this ruling goes far beyond our current situation; this adds a layer of important protection to journalists and filmmakers everywhere."

On April 19, 1989, a 28-year-old white Wall Street investment banker was jogging through Central Park when she was brutally assaulted, raped and left for dead. That same night a group of black and Latino boys had been in the park, throwing rocks at cars.

In the ensuing months, the investigation lead to the arrest of five of the boys -- Yusef Salaam, Antron McCray, Raymond Santana, Kharey Wise and Kevin Richardson -- who were later charged and convicted.

In 2002, three of the convicted young men had finished their prison terms, one was on parole and the fifth was in jail on an unrelated offense when Matias Reyes, a serial rapist and murderer, confessed to the crime and said he had acted alone.

DNA analysis later determined that Reyes did rape the jogger and that hair evidence used in the boys' trials did not match.

ADVERTISEMENT
Part of complete coverage on
updated 12:39 PM EDT, Mon May 20, 2013
This picture taken on April 30, 2013 shows Nigerian troops patrolling in the streets of the remote northeast town of Baga, Borno State. Nigeria's military said on May 16, 2013 that it was ready to launch air strikes against Boko Haram Islamists as several thousand troops moved to the remote northeast to retake territory seized by the insurgents. A force of
No solutions to the violence and total confusion is no longer just news, but a terrifying daily reality. Has Nigeria descended into civil war?
updated 4:17 AM EDT, Mon May 20, 2013
Swiss tennis player Roger Federer returns a ball to French Gilles Simon during their ATP Tennis Open match in Rome on May 16, 2013 in Rome. Federer won 6-1, 6-2.
On the eve of the French Open, attention turns to the illness that has struck down several players. Why is it hitting tennis so hard?
updated 10:09 AM EDT, Mon May 20, 2013
Daycare, hour-long lunch breaks, free medicine? Not all of Bangladesh's factories are sweatshops, but many fear the crisis will hit them hard.
updated 9:14 AM EDT, Mon May 20, 2013
A group of bright minds at California Institute of Technology invented the 'toilet of the future,' a solar-powered wc that could save lives.
updated 9:15 AM EDT, Mon May 20, 2013
Chinese Premier is meeting India's leaders just weeks after raising the stakes in one of Asia's least understood and longest running disputes.
updated 7:15 AM EDT, Mon May 20, 2013
Despite unemployment being close to 12%, Italians are snubbing traditional jobs no longer viewed as attractive -- like pizza-making.
updated 11:07 AM EDT, Mon May 20, 2013
The woman behind the Chelsea Flower Show talks with CNN about the preparations and the 100th anniversary of the iconic horticultural gathering.
updated 7:38 PM EDT, Sun May 19, 2013
CNN's Dan Rivers reports on the influx of companies into Myanmar after the country opened up to foreign business.
updated 3:14 PM EDT, Thu May 16, 2013
Boxing legend Manny Pacquiao is using his hero status to fight human trafficking in the Philippines, pushing for an anti-trafficking law.
updated 11:22 AM EDT, Mon May 20, 2013
On Wednesday, NASA officials announced a serious problem with the Kepler satellite, the world's most successful planet-finding machine.
updated 9:54 AM EDT, Fri May 17, 2013
Anthony Bourdain discovers a American style, fast-food chicken restaurant that opened in Libya after the revolution -- and became a hit instantly.
updated 2:22 PM EDT, Mon May 20, 2013
As we mark 140 years since blue jeans were invented, we want to see the best and worst ways you've worn denim through the years.
ADVERTISEMENT