Famed documentary filmmaker Ken Burns today beat back an effort by the city to obtain raw footage and outtakes from his recent movie on the infamous “Central Park jogger” rape case.
A judge granted the PBS icon’s request to quash a subpoena for the unused material on grounds that his production company, Florentine Films, is covered by the “reporter’s privilege.”
Manhattan Magistrate Judge Ronald Ellis ruled that Florentine proved its “journalistic independence” when Burns’ daughter and collaborator on the film, Sarah Burns, “presented specific facts demonstrating an intent to publish at the time newsgathering commenced.”
Ellis also said city lawyers were “misleading” when they claimed that Ken Burns told the trade magazine Variety that the “purpose” of last year’s “The Central Park Five” was to spur settlement of a $250 million civil-rights suit filed by the five men whose convictions were tossed in 2002.
“Burns does not indicate what the film’s ‘purpose’ is, and the quoted portion by defendants mischaracterizes the quote and Ken Burns’ position,” Ellis wrote.
The city claimed that it needed what Burns left on the cutting-room floor to help defend itself against wrongful-conviction claims by Antron McCray, Yusef Salaam, Kharey Wise, Raymond Santana and Kevin Richardson, whose pending suit was filed 10 years ago.
Ellis said upcoming depositions “will provide full access fo the main plaintiffs” and give city lawyers “the opportunity to pose questions concerning contradictions in the edited film and elsewhere.”
Executive Assistant Corporation Counsel for Public Safety Celeste Koeleveld said the city was “disappointed” and considering its options.
“While journalistic privilege under the law is very important, we firmly believe it did not apply here,” Koeleveld said.
“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.”
Burns said he, his daughter and her husband, David McMahon — who also worked on the film — “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,” Burns added.
“We recognize too that this attempt to subpoena our outtakes and notes only further delayed the nearly decade long efforts by the plaintiffs to seek redress. We hope this serves as a positive impetus to move that original suit to a resolution.”
bruce.golding@nypost.com