The five teenagers brought a civil suit for $250 million, nearly a decade ago, but it seems the City has skillfully deployed all weapons in its arsenal to tactically keep delaying resolution of the matter. In the latest delaying tactics, the New York City subpoenaed Burns, asking for interview footage of his documentary, which is yet to make the final cut. The city claims that the interview footage can help the city in its defense.
However, Burns and his production company has moved to quash the subpoena on the grounds that the material is under protection of the journalist shield law, as the film is a documentary seeking to disseminate information to the public.
On Wednesday, in support of Burns, the Associated Press, Dow Jones & Co, Gannett Co, The New York Times and the Reporters Committee for Freedom of the Press filed an amicus brief to quash the subpoena. The brief observed, “The City disregards the important principle that journalists must be free to work independently of the judicial process, ignores the public interest in a reporter’s right to keep information confidential, and dismisses the very real chilling effect that a decision like this will have on the public’s receipt of information on important controversies.”
The five teenagers in the case had primarily made confessions to beating and raping a 28-year old female, apparently under the interrogation techniques commonly employed by law enforcement. They recanted in court, but were convicted based on their confessions. In 2002 DNA testing confirmed that it was serial rapist Matias Reyes who had committed the crime, and Reyes confessed.
After their convictions were overturned, the persons, who lost their teenage in prison for a crime they did not commit, sued the city claiming their confessions were coerced.
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-cv-09974.
