Rebalancing the extra-judicial scales: Documentary aesthetics and the legacy of the Central Park Five


Published: Jul 19, 2021
Keywords:
just art documentary poetics justice Central Park jogger Central Park Five Ava DuVernay Joan Didion Judith Butler Louis Althusser Theodor Adorno
Sofia Baliño Rios
Abstract

The Central Park jogger case has returned to news headlines with the 2019 Netflix mini-series When They See Us, a dramatised account of the original trials. It has reignited debate over the injustices faced by the Black community in the United States, and led to lawsuits and job resignations on the part of former police investigators and prosecutors. Since the case’s inception, issues of race, media reporting, economics, and the identity of New York City have influenced the trial and its aftermath and have inspired documentaries, books, and the landmark 1990 essay “Sentimental Journeys” by Joan Didion. In this article, I argue that the creators of two of these works, by testing the boundaries of narrative, demonstrate that the case was inexorably tainted by a pervasive feeling of social precarity and racial prejudice which cost five young men several years of their lives, and offer a productive line of enquiry for acknowledging such factors and their influence, if not resolving them.

Article Details
  • Section
  • Articles
Downloads
Download data is not yet available.
Author Biography
Sofia Baliño Rios, Université de Genève

Sofia Baliño is a PhD candidate in the English literature department at the Université de Genève, where she is writing her dissertation on Joan Didion and narratives of disorder. She holds a Master of Arts in English Language and Literature from the Université de Genève, a Master of Public Policy from Duke University, and a Bachelor of Arts with a double major in English literature and economics from the College of William and Mary in Virginia. She is also a graduate of the Columbia Publishing Course at the Columbia University School of Journalism. In addition to her academic background and research, she is a writer and editor with over a decade of experience working on international economic policy, specializing in trade, investment, and sustainable development.

References
Adorno, Theodor. “The Essay as Form.” Notes to Literature. Trans. Shierry Weber Nicholsen. New York: Columbia UP, 2019.
Althusser, Louis. “Ideology and Ideological State Apparatuses: Notes towards an investigation.” Lenin and Philosophy and other essays. Trans. Ben Brewster. New York: Monthly Review Press, 2001.
Anderson, Benedict. Imagined Communities: Reflections on the Origin and Spread of Nationalism. London: Verso, 2016.
Burns, Ken, and Sarah Burns, David McMahon, dir. The Central Park Five. 2012. WETA. Film.
Butler, Judith. Precarious Life: The Powers of Mourning and Violence. London: Verso, 2004.
—. Excitable Speech: A Politics of the Performative. New York and London: Routledge, 1997.
Cavarero, Adriana. Relating Narratives: Storytelling and selfhood. Trans. Paul A. Kottman. Abingdon: Routledge, 2000.
Chancer, Lynn. “Before and After the Central Park Jogger: When Legal Cases become Social Causes.” Contexts, 4.3 (2005): 38-42. https://journals.sagepub.com/doi/pdf/10.1525/ctx.2005.4.3.38. Web. 10 April 2020.
Cobb, Jelani. “The Central Park Five, Criminal Justice, and Donald Trump.” The New Yorker. April 19, 2019. https://www.newyorker.com/news/daily- comment/the-central-park-five-criminal-justice-and-donald-trump. Web. 3 August 2020.
Dentons Law Firm. “Defendant Netflix Inc.’s motion to dismiss for failure to state a claim, and incorporated memorandum of law, and joinder in motion of defendants Duvernay and Locke to dismiss for improper venue or to transfer venue.” Deadline. 18 May 2020. https://deadline.com/wp- content/uploads/2020/05/028-netflix-motion-to-dismiss-with- exhibits-a-and-b-wm.pdf. Web. 20 May 2020.
Didion, Joan. “Joan Didion: The Art of Nonfiction No. 1.” Interviewed by Hilton Als. The Paris Review,
Issue 76 (2006): n.pag.
—. “Sentimental Journeys.” 1992. After Henry. New York: Vintage Books, 1993. 3⁄4. “The White Album.” The White Album. New York: Farrar, Strauss and Giroux,
—. 2003. Where I Was From. London: Harper Perennial, 2004. DuVernay, Ava, dir. When They See Us. 2019. Netflix. Film.
Dwyer, Jim. “Convict Says Jogger Attack Was His 2nd.” 5 October 2002. The New York Times. https://www.nytimes.com/2002/10/05/nyregion/convict- says-jogger-attack-was-his-2nd.html. Web. 13 May 2020.
Jacobs, Julia. “Elizabeth Lederer, Prosecutor of Central Park Five, Resigns From Columbia Law.” 12 June 2019. The New York Times. https://www.nytimes.com/2019/06/12/arts/elizabeth-lederer-central- park-five.html. Web. 2 May 2020.
Kaplow, Louis. “Burden of Proof.” January 2012. The Yale Law Journal. 121.4: 738-859.
https://www.jstor.org/stable/23079341. Web. 12 February 2021.
Loxley, James. Performativity. New York: Routledge, 2007.
Moorwood, Virginia. “Members of the Exonerated Five help paint Black Lives Matter mural in front of Trump Tower.” 10 July 2020. Revolt. https://www.revolt.tv/2020/7/10/21319889/exonerated-central-park- five-trump-tower-mural. Web. 9 August 2020.
Patten, Dominic. “Ava DuVernay & Netflix Want ‘When They See Us’ Suit From Ex-NYC Assistant D.A. Dismissed.” Deadline. 18 May 2020. https://deadline.com/2020/05/netflix-ava-duvernay-lawsuit-response- when-they-see-us-dismissal-linda-fairstein-1202937865/. Web. 24 May 2020.
Ristroph, Alice. “The Thin Blue Line from Crime to Punishment.” The Journal of Criminal Law and Criminology. 108.2: 305-334. https://www.jstor.org/stable/48572849. Web. 14 February 2021.
Ritchie, Mark, dir. Oprah Winfrey Presents: When They See Us Now. 2019. Netflix. Film.
Stratton, Greg. “Transforming the Central Park jogger into the Central Park Five: Shifting narratives of innocence and changing media discourse in the attack on the Central Park jogger, 1989-2014.” Crime Media Culture: An International Journal. 11.30: 281-297. https://journals.sagepub.com/doi/abs/10.1177/1741659015592794. Accessed 15 May 2020.
Supreme Court of the State of New York, County of New York, Part 58. “The People of the State of New York against Kharey Wise, Kevin
Richardson, Antron McCray, Yusef Salaam, and Raymond Santana. Affirmation in Response to Motion to Vacate Judgment of Conviction. Indictment No. 4762/89.” Williams College. 2002. https://web.williams.edu/Psychology/Faculty/Kassin/files/CPJ.Morgan thau.motion.12.5.02.doc. Web. 8 August 2020.
Tron, Gina. “'I Wanted To Go Home': Korey Wise's Heartbreaking Testimony In The 'Central Park 5' Case.” Oxygen. 5 June 2019. https://www.oxygen.com/martinis-murder/i-wanted-to-go-home- korey-wise-heartbreaking-testimony-in-central-park-5-case. Web. 29 May 2020.
U.S. Supreme Court. “Smith v. Daily Mail Pub. Co., 443 U.S. 97 (1979).” https://supreme.justia.com/cases/federal/us/443/97/. Web. 14 February 2021.
Worden, Daniel. Neoliberal Nonfictions: The Documentary Aesthetic from Joan Didion to Jay-Z. Charlottesville: U of Virginia P, 2020.