By Bernard Vaughan
NEW YORK, Feb 19 (Reuters) - Filmmaker Ken Burns won a
favorable ruling in a battle to keep outtakes from his 2012
documentary "The Central Park Five" from the New York City
Police Department after a federal judge in Manhattan sided with
his production company on Tuesday.
Last October, the city subpoenaed all images, audio tapes
and other items related to the making of the documentary, which
chronicles the conviction of five black and Hispanic teenage
boys for the brutal 1989 rape of Trisha Meili, a white woman who
was jogging in Central Park. The case was reversed in 2002,
leading to a still-unresolved $250 million lawsuit that the
so-called "Central Park Five" and their families brought against
the city and the police department.
The city said it wanted the material because parts of the
film conflicted with prior testimony some of the plaintiffs
provided in their criminal trials, among other reasons,
according to court papers.
Burns' production company, Florentine Films, motioned to
quash the subpoena, arguing in part that they were protected
under New York's shield law for journalists. The city countered
that Florentine failed to qualify for the protection, in part
because the filmmakers had a "longstanding sympathetic
relationship with the plaintiffs."
U.S. Magistrate Judge Ronald Ellis agreed with Florentine,
writing that it met its burden in demonstrating journalistic
independence with the film.
"It was a marvelous decision, of great value to the media
industry generally and to documentary filmmakers in particular,"
said John Siegal, an attorney representing Florentine.
The city said it was reviewing its options.
"This film is a one-sided advocacy piece that depicts the
plaintiffs' version of events as undisputed fact. It is our view
that we should be able to view the complete interviews, not just
those portions that the filmmakers chose to include," Celeste
Koeleveld, a senior lawyer for the city, said in a prepared
statement.
The case is In re McRay, Richardson, Santana, Wise and
Salaam Litigation, U.S. District Court for the Southern District
of New York, No. 03-09974.
For the plaintiffs: Myron Beldock, Karen Dippold, Jonathan
Moore and Joshua Moskovitz of Beldock Levine & Hoffman; Jane
Byrialsen, David Fisher, David Kreizer and Alissa Boshnak of
Fisher, Byrialsen & Kreizer; Michael and Evelyn Warren; Roger
Wareham.
For the city: Elizabeth Daitz, Philip DePaul, Elizabeth
Dollin and Andrew Myerberg of the New York City Law Department.
For Florentine Films: John Siegal of Baker Hostetler. For
the news groups: Elizabeth McNamara of Davis Wright Tremaine.
For the film groups: Andrew Celli and Julia Fong Sheketoff of
Emery Celli Brinckerhoff & Abady; Michael Donaldson of Donaldson
& Callif.
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