The Citizen (KZN)

A miscarriag­e of justice

SERIES: HANDLING OF RAPE CASE EXPOSES THE STRUGGLE FACED BY AFRICAN-AMERICAN BOYS

- Thami Kwazi

Watching the Emmy award-winning Netflix mini-series, When They See Us, evokes a plethora of emotions – the deepest felt being anger and pain.

The much-talked about 1989 true story is the tale about five African- and Hispanic-American teenage boys who are falsely accused and convicted of raping a woman who was jogging.

The Harlem-raised teens were sentenced to jail terms ranging between six and 13 years.

The boys, known as the “Central Park Five”, are Kevin Richardson, 14, Raymond Santana, 14, Antron McCray, 15, Yusef Salaam, 15, and Korey Wise, 16.

The series was directed and co-written by Ava DuVernay, who is known for the Oscar-winning movie Selma and TV series Queen Sugar. The four-part mini-series first premiered on May 31 this year. It was also recorded as the most watched mini-series on Netflix to date.

The story provokes deep conversati­ons about the visible flaws in the American justice system, especially towards minorities, a supposedly democratic justice system that preaches innocence until proven guilty to all who are accused of crime.

In the series, a 28-year-old woman, who works as an investment banker, is raped while jogging through a New York park at night. Five African-American teenage boys are arrested and forced into making confession­s about a crime they know nothing about. So innocent are the boys that some of them have no understand­ing of rape.

The police force coerce their statements and tell them exactly what to say in differing untrue confession­s. The victim doesn’t even have any recollecti­on of the incident and the evidence found at the scene doesn’t have any of the accuseds’ DNA, yet the case continues.

When They See Us was difficult to watch. It’s so well made that all the sentiment from the unjustly convicted comes through seamlessly.

The difficulty also lies in the rawness of the emotion the viewer feels watching it, the only thing you want to do is help the boys and all you can do is feel helpless and observe while the police get away with the real crime. Part of this involves interrogat­ing minors without adult supervisio­n for many hours.

The trial becomes highly politicise­d because of the deep-seated malicious nature with which race is treated in the United States. The intensely unemotiona­l prosecutor in the case, Linda Fairstein, who was baying for the boys’ blood, didn’t seem at all disturbed at the obviously corrupt lengths she went through to falsely accuse the teenage boys.

Her contempt for “minority races” in America comes through in the character played by Felicity Huffman. The odd part which should have been questioned when the case was tried was that the accused boys never told the same story. A sign that the case should have been dropped.

When They See Us exposes the silent cry of the African-American man in a country where he was forced into slavery about 200 years ago. The black person’s struggle in America will never end if police see the need to prosecute teenagers in cases where there are no corroborat­ing statements and without a guardian or lawyer present.

Institutio­nalised slavery may have ended but continues in the way that African-Americans are seen.

Police question everything, from how African-Americans walk, dress, where they choose to live and how they talk.

“In When They See Us, seeing also means witnessing. It means honouring each of the Central Park Five as a discrete human being,” said director DuVernay.

The emotional kaleidosco­pe that the series makes the viewer feel, does indeed speak to the title.

The significan­ce of telling this story is in the depth of revealing that the “land of the free” may not be as free as people think, if those who inhabit it cannot even be in a park at night without getting arrested for a crime they know nothing about.

The conviction­s were overturned in 2002 after the real rapist, Matias Reyes, confessed.

The boys sued the state in 2003 and were only awarded a settlement in 2014.

Sadly, this was at the cost of their already lost precious youthful years and freedom that could never be returned.

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