ABSTRACT
The mini-series “When They See Us”, which premiered in 2019 on Netflix, focuses on the tragic story of five African-American young- sters who were falsely accused and unjustly imprisoned for years, despite not being involved in the rape case that occurred in Central Park in 1989.
I. INTRODUCTION
On the night of April 19, 1989, Trisha Meili, known as the “Central Park Jogger”, went out for a run in Central Park and was brutally assaulted by an unidentified assailant. Subsequently, five African-American teenagers, known as the “Central Park Five”, who were passing by the crime scene that night, were arrested by the police as suspects in the rape case. Thus began the infamous “Central Park Jogger Case”, which would not only stain the history of the United States but also be remembered as a dark spot in the history of humanity. The interrogations of the Central Park Five took place under the shadow of racism and police violence, conducted without the presence of their families. The Central Park Jogger Case, which received significant media attention, resulted in the biased trial and sentencing of these young men due to the pressures of society and media, and they were imprisoned for years even though they did not commit any crime. After many long years, with the confession of the actual culprit of the Central Park Jogger Case, these five young men, who had unjustly endured years of imprisonment, finally regained their freedom. However, the Central Park Five, who had been imprisoned at a young age, lost their childhood and struggle for years to overcome the trauma inflicted by the unfortunate events that had befallen them.
The mini-series “When They See Us”, which premiered in 2019 on Netflix, focuses on the tragic story of five African-American youngsters who were falsely accused and unjustly imprisoned for years, despite not being involved in the rape case that occurred in Central Park in 19891. The four-episode series, whose producers include Oprah Winfrey and Robert De Niro, centers on the tragic tale of five black teenagers who spent years in jail after being falsely convicted of rape in Central Park2. If “When They See Us” had been made into a film, it would have been almost impossible to fit such a long and detailed story into a single movie due to its duration. Considering the current dominance of action and superhero films over dramas in the cinema industry, it is unlikely that the audience would flock to theaters for such a lengthy drama film. Therefore, we have realized that Ava DuVernay, the creator, screenwriter and director of the series, made the right decision to develop “When They See Us” as a series. In fact, the series has become not only one of Netflix’s most acclaimed shows but also one of the most beloved series of all time, and with an IMDb score of 8.9, and it has secured its place in the list of IMDb’s Top 250 TV Shows3. Furthermore, it has won two Prime time Emmy Awards, including “Outstanding Lead Actor in a Limited Series or TV Movie” and “Outstanding Casting for a Limited Series, TV Movie, or Special”4.
II. THE BEGINNING OF THE CENTRAL JOGGER CASE
In the opening scene of the series, on an ordinary day in Harlem on April 19, 1989, five African-American young men continue with their daily lives and set out towards Central Park for some fun. In Central Park, rowdy groups of people who disturb people by listening to loud music and talking to passersby are causing outbursts. Although these seem like ordinary incidents that occur at night in Central Park, everything changes when Trisha Meili, a public-school teacher, goes jogging on the night of 19 April 1989, and is attacked and raped by an unidentified assailant, causing her to pass out at the crime scene. Following the rape incident, the five young men who happen to pass by the crime scene become suspects and are arrested by the police. In the subsequent process, Prosecutor Linda Fairstein is assigned to find the perpetrator(s) of the violent crime committed against the victim, who would later be known as the “Central Park Jogger”, and thus begins the Central Park Jogger Case, a process that will maintain its significance in the media for years to come5.
III. INTERROGATIONS
Despite the lack of evidence in the crime scene, prosecutor Linda Fairstein wants to suppress the case by arresting five black teenagers, Antron McCray, Yusef Salaam, Raymond Santana Jr. and Korey Wise, the eldest 16 and the youngest 14, who will later become known as the Central Park Five, for the rape of Trisha Meili. Thus, the paths of these five young men cross in the worst possible way, in a police interrogation. Prosecutor Linda wants to draw public attention to the incident by indicating that the victim was a woman who was left for dead after the brutal attack on the day of the incident. The interrogation of these five young men under unbearable physical and psychological police violence begins when Kevin, who was taken into custody when he was only 14 years old and unaware of everything, is beaten on the table by the police. The interrogation of children in the early years of their teenage years under such threats disrupts the “investigation”, which is only the first stage of the judgement. The children, who were interrogated without a lawyer or psychologist being present and without their families’ knowledge, are interrogated for almost two days under increasing pressure from the police. The children spend their interrogations under physical and psychological violence, which now reaches the extent of torture. I firmly believe that these five young individuals, who have been charged with a crime, were treated unfairly at the initial round of the questioning just because of the color of their skin. Interrogations under hunger, thirst and violence have pierced the absolute scope of the right to protect the material and moral integrity of children subjected to the prohibition of torture and ill-treatment, and although each of them is still a child, they have been subjected to serious violations in terms of human rights6. In fact, Article 5 of the Universal Declaration of Human Rights proclaimed by the United Nations General Assembly on 10 December 1948 stipulates that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”7. Yusef Salaam’s mother, helpless in the desperate struggle against this unfair interrogation, protests to the authorities that they are to be ashamed of themselves for leaving her little boy in custody with police officers who believe that he is surely involved in a criminal incident.
During almost two days of cross-examination, the police force the children to make statements against each other, telling them that they must confess who committed the crime and that they can go home if they tell them who did it. Children, who are no longer able to resist the physical and psychological violence they are suffering, are forced to sign false statements. Through interrogations affected by violence and pressure, the police no longer aim to reach the truth, but only to produce a “guilty” person who has admitted to the guilt. As a result of all these pressures and psychological tortures, children are forced to confess in the absence of lawyers, psychologists or even their parents. As one can easily imagine, none of the children’s statements are consistent with each other. The assistant prosecutor tells Prosecutor Linda that the children’s statements are inconsistent, that the sperm and DNA samples taken from the Central Park Jogger do not match the case and that the interrogation has been going wrong. However, Linda, the prosecutor, is determined. In response to the assistant prosecutor’s statements, she states that there is a sixth person whom they could not catch and reveals how prejudiced she is in her investigation. The false statements signed by the children as a result of their invalidated will are also used against them in the trial process.
IV. TRIAL
A. Judicial Process
The unfair process that the boys went through during the interrogation continues in the court. The witnesses brought to the court states that they had not seen these five children at the scene of the crime and that these five children were not among the ones who were involved in the disturbances. During the Central Park Jogger Case, where strict rules of evidence must be applied, the application of the “in dubio pro reo” and “fair trial” principles, which are the basic principles of criminal procedure law, should be naturally expected to be applied8. Under the principle of equality of arms, both sides in the Central Park Jogger Case should have been given an equal opportunity both to challenge the evidence presented by the other side and to present their own evidence, but the evidence was suppressed by Prosecutor Linda and her assistants9. Whereas the purpose of a prosecutor should be to reveal the truth and ensure that justice is served, the purpose of Prosecutor Linda is now to convict these five young people and bring the Central Park Jogger Case to an end as soon as possible. This time, the court, which is in charge of upholding justice, seeks revenge.
As the trial begins, the press pays great attention to this incident. Every day, news is made about the Central Park Five regarding this painful incident that occurred in Central Park and the proceedings of the trial. The incident had such a shocking detail that it surprised everyone, and it also received a lot of press attention. Donald Trump, who served as the President of the United States of America between 2017-2021, is one of the leading business figures of that period. Trump places full-page advertisements against the Central Park Five for $85,000 in four major New York newspapers, including the New York Daily News, one of the most popular newspapers in the US10. In the advertisements, it is announced that a death sentence should be issued for these five young people who are on trial in the Central Park Jogger Case and the police are called to duty. For possible financial and public relations reasons, the press incites the incidents through the use of racial rhetoric. These exaggerated and untrue news accusing black children have a wide public reaction and the impact of the incident increases tremendously. During the trial of these five young people, numerous protests about the Central Park Jogger Case are organized during the discussions and in the community. Considering that the jury is also part of the society, it would not be wrong to state that the judicial authority is manipulated. The opportunities available to the prosecution and the defense were therefore not balanced; the balance was tipped against the accused, the Central Park Five, and for this reason, the principle of equality of arms between the subjects has been virtually ignored11.
B. Finalization of the Decision
On the other hand, protests against the ongoing unlawful trial begin to be organized by various communities. Yusuf Salaam’s mother expressed her reaction by stating that the young people on trial were being tortured just because they were black and grew up in poor areas, and that the poor minority population vented their anger against the rich in Central Park. In fact, Prosecutor Linda actually implies that it doesn’t matter that the five youths weren’t present, that the sperm samples and DNA tests taken from the youths don’t match the samples taken from the victim, that the accused are accusing one another falsely, and that the witnesses claim they didn’t see the accused youths because according to Prosecutor Linda these kids are already guilty by birth by saying that the details are irrelevant.
The “right to due process”, which the judicial authority must observe as a requirement of human rights and the rights of suspects, defendants and victims, is thoroughly and irrevocably violated by the court hearing the Central Park Jogger case12. As a result of biased and prejudiced judgements, the unfortunate five young people were sentenced to 13 to 16 years in prison, despite the fact that there was no DNA sample of these five young people in the body of Central Park Jogger Trisha Meili and all the evidence proved the innocence of these five young people.
C. Process After the Imprisonment
During the conditional release hearings that began after the completion of the first instance court proceedings, the Central Park Five opposed the conditional release offers and never gave up their struggle for justice at the risk of being imprisoned, by saying that they did not commit the crime themselves.
Those of these five young people who come out after completing their prison sentences had difficulty in finding a job, and the jobs they found were the ones that offer extremely difficult working conditions. Even though these five young people had served their time, society had considerably harsher consequences for them than the state had. It is important to remind that the background of all the incidents is the result of unfair judgement. The unfortunate events that befell the Central Park Five are a prime demonstration of the consequences of not conducting a fair trial.
V. INNOCENCE
When the calendar pages show the year of 2002, the course of events was changed entirely. The actual perpetrator of the Central Park Jogger Case is revealed when a prisoner named Matias Reyes confessed that he was the one who raped Central Park Jogger Trisha Meili during his trial for another crime, and the whole society eventually realized that the Central Park Five were wrongfully imprisoned13.
The society and media, which played a significant role in creating a perception of guilt towards the Central Park Five within the legal system, culminating in the Central Park Five receiving lengthy jail sentences after a trial that seemed to be only a formality, will now start the exoneration process that these young people earned years ago.
At the end of 13 years spent as so-called criminals under enormous pressure from both the state and society, the United States compensated the five wrongfully accused youths with 40 million dollars14. Justice has been served, even if it was late. The punishment on the young people is revoked after many years, however, the marvelous words of Orhan Ghazi, the second sultan of the Ottoman Empire, springs to mind: “The worst of justice is that which is delayed. Even if the final judgement is right, delayed justice is cruelty”15. For, “Delayed justice is not justice”16. The Central Park Five have lost their dreams and childhood after years spent suffering under injustice. Things will never be the same for them again. Because, the “unjust judgement” has stolen all the dreams of these five young people.
VI. WHERE IS THE CENTRAL PARK FIVE TO DAY?
The victims of the Central Park Jogger Case, the Central Park Five, lived the remainder of their free lives in difficulty similar to the hardships they had during the trial and imprisonment. So, what are the Central Park Five doing now?
Korey Wise continues to live in New York City after his release from prison, speaking and advocating for criminal justice reform. In 2015, he donated $190,000 to the Innocence Project’s program at the University of Colorado. The Innocence Project was subsequently renamed the “Korey Wise Innocence Project” in his honor17. Korey Wise runs the Innocence Project, speaking about his experiences at various events18.
Kevin Richardson lives in New Jersey with his wife and two daughters, works as an advocate for criminal justice reform, and has spoken about his experiences at various events19.
Yusef Salaam has been working as a criminal justice advocate since his release from prison20.
Raymond Santana Jr. became a businessman, founded his own clothing brand Park Madison and promoted When They See Us21.
Antron McCray is married and has six children. He lives with his family in Atlanta, Georgia22. At the time When They See Us was aired, he spoke to The New York Times that he still struggles to bear the great load that society and poor judgment placed on him, using the words “I’m damaged, you know? I know I need help. But I feel like I’m too old to get help now. I’m 45 years old, so I’m just focused on my kids. I’m not saying it’s the right thing to do. I just stay busy. I stay in the gym. I ride my motorcycle. But it eats me up every day. Eats me alive. My wife is trying to get me help but I keep refusing. That’s just where I’m at right now. I don’t know what to do”23.
VII. CONCLUSION
It is very crucial to preserve fairness and justice in events that cause trauma and distress to the society. If we look at Turkish Law, the Assembly of Criminal Chambers of the Court of Cassation stipulated in a decision dated 2019 that the legal value protected by the crime of torture is primarily human dignity, and that the acts of a public official against a person that are incompatible with human dignity and cause physical or mental suffering constitute the crime of torture24. Therefore, police officers’ interrogation of children under intense physical and psychological violence constitutes the crime of torture for the police officers involved. In the event of violations of fundamental principles such as fair trial, equality of arms, prohibition of torture and ill-treatment in criminal proceedings and human rights law, there is a significant risk of creating new victims, just like the five young men in the Central Park Jogger Case. For this reason, the established rules of law should never be abandoned under any circumstances, nor the fundamental principles of criminal proceedings and human rights. Hence, the judiciary should detach itself from socially traumatizing events and pressures; it should act with common sense and be able to decide objectively without succumbing to manipulation. The judgement should never be overshadowed by the social status, religion, language and racial differences of people. The investigation and prosecution stages must be conducted with composure by the authorities, without falling into injustice.
BIBLIOGRAPHY
Awards & Nominations, https://www.emmys.com/shows/whenthey-see-us.
CLARETTA BELLAMY, “Exonerated Central Park Five Member Mocks Trump with Ad of his Own After Indictment”, 5 Apr 2023, https://www.nbcnews.com/news/nbcblk/exonerated-central-park-five-member-mocks-trump-ad-indictment-rcna78389.
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Korey Wise Innocence Project, https://www.colorado.edu/law/academics/public-service/korey-wise-innocence-project.
MUSTAFA ÖZEN, Ceza Muhakemesi Hukuku Temel Bilgiler, Ankara 2022.
NUR CENTEL/ HAMİDE ZAFER, Ceza Muhakemesi Hukuku, 18th Edition, İstanbul 2020.
RAY SANCHEZ/ ALLİE MALLOY, New York City comptroller approves $40 million settlement for Central Park Five, 27 June 2014 https://edition.cnn.com/2014/06/26/justice/new-york-central-park-five-settle/index.html.
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FOOTNOTE
1 When They See Us, https://www.netflix.com/tr/title/80200549 Access: 11.06.2023.
2 Çiğdem Subaşı, “When They See Us: Central Park Beşlisi” http://adba.tv/okunmali/when-they-see-us/ Access: 11.06.2023.
3 When They See Us, https://www.imdb.com/title/tt7137906/ Access: 11.06.2023.
4 Awards & Nominations, https://www.emmys.com/shows/when-they-see-us Access: 11.06.2023.
5 When They See Us Dizisi Hakkında Bilinmesi Gerekenler, https://www.neoldu.com/when-they-see-us-dizi-incelemesi-39232h.htm Access: 11.06.2023.
6 Tuğba Bayraktar/ Ufuk Ramazan Çakmak, İnsan Hakları Hukuku, Ankara 2022, p. 89.
7 United Nations General Assembly, Universal Declaration of Human Rights, Article 5.
8 For detailed information regarding the principle: Nur Centel/ Hamide Zafer, Ceza Muhakemesi Hukuku, 18th Edition, İstanbul 2020, p. 833.
9 Ertuğrul Ünal, Ceza Muhakemesi Hukukunda Silahların Eşitliği İlkesi, Ankara 2021, p. 64.
10 Claretta Bellamy, “Exonerated Central Park Five Member Mocks Trump with Ad of his Own After Indictment”, 5 Apr 2023, https://www.nbcnews.com/news/nbcblk/exonerated-central-park-five-member-mocks-trump-ad-indictment-rcna78389 Access: 11.06.2023.
11 Centel/ Zafer, Ceza Muhakemesi Hukuku, 18th Edition, İstanbul 2020, p. 253.
12 Centel/ Zafer, p. 180.
13 “Korey Wise - Time Served: 12 years”, https://innocenceproject.org/cases/korey-wise/ Access: 11.06.2023.
14 Ray Sanchez/ Allie Malloy, New York City comptroller approves $40 million settlement for Central Park Five,27 June 2014 https://edition.cnn.com/2014/06/26/justice/new-york-central-park-five-settle/index.html Access: 11.06.2023.
15 Kevser Ceylan Koca, Osmanlı Hukuk Sisteminde Kadılık Kurumu, Ankara 2019, p. 57.
16 Mustafa Özen, Ceza Muhakemesi Hukuku Temel Bilgiler, Ankara 2022, p. 101.
17 Where Are the Central Park Five Now? What to Know After Watching “When They See Us”, https://www.goodhousekeeping.com/life/entertainment/a27820212/central-park-fivenow/ Access: 11.06.2023.
18 Korey Wise Innocence Project, https://www.colorado.edu/law/academics/public-service/korey-wise-innocence-project Access: 11.06.2023.
19 Where Are the Central Park Five Now? What to Know After Watching “When They See Us”, https://www.goodhousekeeping.com/life/entertainment/a27820212/central-park-fivenow/ Access: 11.06.2023.
20 Where Are the Central Park Five Now? What to Know After Watching “When They See Us”, https://www.goodhousekeeping.com/life/entertainment/a27820212/central-park-fivenow/ Access: 11.06.2023.
21 Where Are the Central Park Five Now? What to Know After Watching “When They See Us”, https://www.goodhousekeeping.com/life/entertainment/a27820212/central-park-fivenow/ Access: 11.06.2023.
22 Where Are the Central Park Five Now? What to Know After Watching “When They See Us”, https://www.goodhousekeeping.com/life/entertainment/a27820212/central-park-fivenow/ Access: 11.06.2023.
23 The Central Park Five: “We Were Just Baby Boys”, https://www.nytimes.com/2019/05/30/arts/television/whenthey-see-us.html Access: 11.06.2023.
24 Assembly of Criminal Chambers of the Court of Cassation, D: 25.06.2019, 2017/8-753.
