Linda Fairstein
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Linda Fairstein (born May 5, 1947) is an American author, attorney, and former New York City
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
focusing on crimes of violence against women and children. She was the head of the sex crimes unit of the
Manhattan District Attorney The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County (Manhattan), New York. The office is responsible for the prosecution of violations of New York state laws ( ...
's office from 1976 until 2002. During that time, she oversaw the prosecution of the Central Park Five case, wherein five teenagers, four African-American and one Hispanic, were wrongfully convicted for the 1989 rape and assault in Central Park of a white female jogger. All five convictions were vacated in 2002 after Matias Reyes, a convicted serial rapist and murderer, confessed to having been the sole perpetrator of the crime, and DNA testing showed he was the sole contributor of the DNA of the semen on the victim. After Reyes' confession in 2002, Fairstein still maintained that the wrongfully convicted teenage boys were guilty and she lauded the police investigation as "brilliant". In 2018, she insisted that the teenagers' confessions had not been coerced. After she left the DA's office in 2002, Fairstein began to publish mystery novels featuring Manhattan prosecutor Alexandra Cooper. Several have been bestsellers. In June 2019, after the release of the Netflix series '' When They See Us'' about the Central Park Five, Fairstein's publisher, Dutton, dropped her.


Education

Fairstein graduated with honors from
Vassar College Vassar College ( ) is a private liberal arts college in Poughkeepsie, New York, United States. Founded in 1861 by Matthew Vassar, it was the second degree-granting institution of higher education for women in the United States, closely foll ...
in 1969, with a degree in
English literature English literature is literature written in the English language from United Kingdom, its crown dependencies, the Republic of Ireland, the United States, and the countries of the former British Empire. ''The Encyclopaedia Britannica'' defines E ...
. She graduated from the
University of Virginia School of Law The University of Virginia School of Law (Virginia Law or UVA Law) is the law school of the University of Virginia, a public research university in Charlottesville, Virginia. It was founded in 1819 by Thomas Jefferson as part of his "academical v ...
in 1972, where she was one of a dozen women in her class.


Legal career

Fairstein joined the
Manhattan District Attorney The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County (Manhattan), New York. The office is responsible for the prosecution of violations of New York state laws ( ...
's office in 1972 as an
Assistant District Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a lo ...
. In 1976 she was promoted to the head of the sex crimes unit, where she worked to support victims of crime. During her tenure, she prosecuted controversial and highly publicized cases, such as the "Preppy Murder case" against Robert Chambers in 1986, and the 1998 '' People v. Jovanovic'' cases. Fairstein, as Head of Sex Crimes, oversaw the prosecution of five juvenile defendants known as the "Central Park Five" in the 1989 " Central Park Jogger" case. The case was prosecuted by ADAs Elizabeth Lederer and Arthur Clements, with trials held in 1990. The convictions in the case were
vacate A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. ...
d in 2002 following a confession by the perpetrator, a convicted serial rapist and murderer, and confirmation by a DNA match to evidence at the scene. Fairstein left the District Attorney's office in 2002, and has continued to consult, write, lecture and serve as a sex crimes expert for a wide variety of print and television media outlets, including CNN,
MSNBC MSNBC (originally the Microsoft National Broadcasting Company) is an American news-based pay television cable channel. It is owned by NBCUniversala subsidiary of Comcast. Headquartered in New York City, it provides news coverage and political ...
and
Larry King Larry King (born Lawrence Harvey Zeiger; November 19, 1933 – January 23, 2021) was an American television and radio host, whose awards included 2 Peabodys, an Emmy and 10 Cable ACE Awards. Over his career, he hosted over 50,000 interviews. ...
, among others. She has consulted for a number of media outlets during a number of high-profile prosecutions, including
Michael Jackson Michael Joseph Jackson (August 29, 1958 – June 25, 2009) was an American singer, songwriter, dancer, and philanthropist. Dubbed the " King of Pop", he is regarded as one of the most significant cultural figures of the 20th century. Over ...
's molestation charges in 2004,
Kobe Bryant Kobe Bean Bryant ( ; August 23, 1978 – January 26, 2020) was an American professional basketball player. A shooting guard, he spent his entire 20-year career with the Los Angeles Lakers in the National Basketball Association (NBA). Widely r ...
's sexual assault charges, and
Scott Peterson Scott Lee Peterson (born October 24, 1972) is an American convicted murderer. In 2004, he was convicted of the first-degree murder of his wife, Laci, who was pregnant at the time, and the second-degree murder of their unborn son, Conner, in Mod ...
's trial. She was also reportedly involved with a defense of
Harvey Weinstein Harvey Weinstein (; born March 19, 1952) is an American former film producer and convicted sex offender. He and his brother, Bob Weinstein, co-founded the entertainment company Miramax, which produced several successful independent films includ ...
, helping to silence one of the sexual harassment complaints against him. Fairstein founded the Domestic Violence Committee of the New York Women's Agenda. She is a frequent speaker on issues related to domestic abuse.


Central Park Jogger case


Investigation, conviction and appeal

Fairstein's office supervised the prosecution in 1989 and 1990 of the
Central Park Jogger case The Central Park jogger case (events also referenced as the Central Park Five Case) was a criminal case over the aggravated assault and rape of a white woman in Central Park in Manhattan, New York, on April 19, 1989, occurring at the same time ...
, which ended in the conviction of five teenagers whose convictions were later
vacate A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. ...
d. In a civil rights lawsuit filed in 2003, the five who were convicted claimed that Fairstein, with the assistance of the detectives at the 20th Precinct, coerced false confessions from them following up to thirty straight hours of interrogation and intimidation, of both the youths and their supporting adults. When Assistant US attorney David Nocenti, a " Big Brother" mentor to Yusef Salaam, one of the defendants, appeared at the precinct while the defendant was being grilled, plaintiffs claimed, Fairstein verbally abused him, demanded he leave immediately, and called her husband to demand the home number of Nocenti's boss, Brooklyn
US Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...
Andrew Maloney, so she could get the young attorney fired. Fairstein said "Nobody under sixteen was talked to until a parent or guardian arrived... Three of the five went home and had a night's sleep before they were ever taken into custody. For most of them, the substance of their admissions came out within about an hour of the time they came in... I think Reyes ran with that pack of kids. He stayed longer when the others moved on. He completed the assault. I don't think there is a question in the minds of anyone present during the interrogation process that these five men were participants, not only in the other attacks that night but in the attack on the jogger. I watched more than thirty detectives—black, white, Hispanic guys who'd never met each other before—conduct a brilliant investigation." Lawyers for the five defendants contested almost every element of Fairstein's statement. All five accused teenagers later claimed their confessions were coerced during interrogation through lies and intimidation. In 1990 each of the "Central Park Five" were convicted of various assault and sexual battery charges, based in part on the allegedly
false confession A false confession is an admission of guilt for a crime which the individual did not commit. Although such confessions seem counterintuitive, they can be made voluntarily, perhaps to protect a third party, or induced through coercive interroga ...
s obtained from them in 1989. Antron McCray, Kevin Richardson, Raymond Santana and Korey Wise had signed written confessions, while Yousef Salaam made a verbal confession but refused to sign. Their convictions were upheld on appeal. Appellate court judge Vito Titone specifically named Fairstein in his dissenting opinion on the Salaam appeal. He said in an interview, "I was concerned about a criminal justice system that would tolerate the conduct of the prosecutor, Linda Fairstein, who deliberately engineered the 15-year-old's confession. ... Fairstein wanted to make a name. She didn't care. She wasn't a human."


Vacating of convictions

All five convictions were vacated in 2002 after convicted rapist Matias Reyes confessed to the crime. Reyes confessed after he "found religion." The police had recovered DNA of only one man at the site of the crime, and none of the Central Park Five matched. The
semen Semen, also known as seminal fluid, is an organic bodily fluid created to contain spermatozoa. It is secreted by the gonads (sexual glands) and other sexual organs of male or hermaphroditic animals and can fertilize the female ovum. Sem ...
found on the victim contained DNA matching that of Reyes, confirming that he was the sole contributor, to a certainty of six billion to one.


Aftermath

In 2003, Kevin Richardson, Raymond Santana Jr., and Antron McCray sued the city of New York for malicious prosecution,
racial discrimination Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain g ...
and
emotional distress In medicine, distress is an aversive state in which a person is unable to completely adapt to stressors and their resulting stress and shows maladaptive behaviors. It can be evident in the presence of various phenomena, such as inappropriate so ...
. It wasn't until Mayor De Blasio took office 11 years later that a settlement in the case was reached on June 19, 2014, for $41 million.
Ken Burns Kenneth Lauren Burns (born July 29, 1953) is an American filmmaker known for his documentary films and television series, many of which chronicle American history and culture. His work is often produced in association with WETA-TV and/or th ...
and his daughter Sarah and her husband made a documentary film about the case, which he compared to the Scottsboro Boys case. The film, '' The Central Park Five'', premiered at the
Cannes Film Festival The Cannes Festival (; french: link=no, Festival de Cannes), until 2003 called the International Film Festival (') and known in English as the Cannes Film Festival, is an annual film festival held in Cannes, France, which previews new films ...
in May 2012 and was released on November 23, 2012. A
Pulitzer Prize The Pulitzer Prize () is an award for achievements in newspaper, magazine, online journalism, literature, and musical composition within the United States. It was established in 1917 by provisions in the will of Joseph Pulitzer, who had made ...
winning opera, '' The Central Park Five,'' was also written about the case. In May 2019,
Netflix Netflix, Inc. is an American subscription video on-demand over-the-top streaming service and production company based in Los Gatos, California. Founded in 1997 by Reed Hastings and Marc Randolph in Scotts Valley, California, it offers a ...
released a four-part drama series, '' When They See Us'', about the case, directed by Ava DuVernay. In it, actress
Felicity Huffman Felicity Kendall Huffman (born December 9, 1962) is an American actress. Huffman began her acting career in theatre, and in the 1990s also had many supporting roles in film and television. She starred as Dana Whitaker in the comedy-drama '' Spor ...
portrays Fairstein. Soon after the release, Fairstein's publisher,
E.P. Dutton E. P. Dutton was an American book publishing company. It was founded as a book retailer in Boston, Massachusetts, in 1852 by Edward Payson Dutton. Since 1986, it has been an imprint of Penguin Group. Creator Edward Payson Dutton (January 4, ...
, released her as a client. Fairstein was also forced to resign from various non-profit board roles, including
Safe Horizon Safe Horizon, formerly the Victim Services Agency, is the largest victim services nonprofit organization in the United States, providing social services for victims of abuse and violent crime. Operating at 57 locations throughout the five boroughs ...
. Fairstein also resigned from the Board of Trustees of Vassar College, her alma mater, after considerable pressure from the student body and members of the administration. On June 10, 2019, the ''
Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' published an
op-ed An op-ed, short for "opposite the editorial page", is a written prose piece, typically published by a North-American newspaper or magazine, which expresses the opinion of an author usually not affiliated with the publication's editorial board. ...
by Fairstein, ''Netflix’s False Story of the Central Park Five,'' in which she says that five were not "totally innocent" (citing the other crimes they were convicted for, for which, she asserts, there is still substantial evidence) and that DuVernay had defamed her. In March 2020, Fairstein filed suit in the U.S. District Court for the Middle District of Florida against Netflix, DuVernay, and series writer Attica Locke for
defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
based on her portrayal in the series.


Jovanovic controversy

In 2004
Oliver Jovanovic ''People v. Jovanovic'', 263 A.D.2d 182, 700 N.Y.S.2d 156 (N.Y. App. Div. 1st Dep't 1999), was a highly publicized criminal case in New York. In 1996, Oliver Jovanovic (born 1966) was accused of sadomasochistic torture of a woman, later identified ...
sued Fairstein, alleging that she engaged in "false arrest, malicious prosecution, malicious abuse of process and denial of his right to a fair trial". This lawsuit stemmed from Fairstein's successful prosecution of Jovanovic in the case '' People v. Jovanovic'', which was subsequently overturned on appeal. The case was later dismissed with prejudice by a new trial judge. The dismissal was requested "in the interest of justice" by the office of the Manhattan district attorney,
Robert M. Morgenthau Robert Morris Morgenthau ( ; July 31, 1919July 21, 2019) was an American lawyer. From 1975 until his retirement in 2009, he was the District Attorney for New York County (the borough of Manhattan), having previously served as United States Attorn ...
. There was no physical evidence linking Jovanovic to the crime. While his accuser claimed she had been brutally attacked and left bleeding, she was found to have only a few fading bruises. "If she airsteincouldn't tell this was a false report, well, I am just shocked," said former New York City sex crimes detective John Baeza, who worked in defense of Jovanovic after leaving the force. The $10 million lawsuit against Fairstein and two co-defendants, former Manhattan Assistant District Attorney Gail Heatherly, who now teaches at the
Columbia Law School Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked i ...
, and New York City Police Detective Milton Bonilla, was dismissed on
summary judgment In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of ...
in September 2010.


Dominique Strauss-Kahn

Fairstein assisted District Attorney Vance in his decision not to prosecute Dominique Strauss-Kahn for sexual assault in 2012. Fairstein's writing skills came into play in writing up the decision not to charge.


Awards

Among the awards Fairstein has received are the Federal Bar Council's Emory Buckner Award for Public Service, ''
Glamour Magazine ''Glamour'' is today an online women's magazine published by Condé Nast Publications. For many years a traditional hard-copy magazine, it was founded in 1939 and first published in April 1939 in the United States. It was originally called '' ...
s Woman of the Year Award, and the Nero Wolfe Award for Excellence in Crime Writing.Linda Fairstein ’69 - Board of Trustees - Vassar College
/ref> In 2018, the
Mystery Writers of America Mystery Writers of America (MWA) is an organization of mystery and crime writers, based in New York City. The organization was founded in 1945 by Clayton Rawson, Anthony Boucher, Lawrence Treat, and Brett Halliday. It presents the Edgar Award ...
announced that it would honor Fairstein with one of its "Grand Master" awards for literary achievement. But two days after renewed controversy erupted in connection with her role in the case, the organization withdrew the honor. In 2019, shortly after the release of the Netflix series ''When They See Us'' about the Central Park Five case, ''Glamour Magazine'' said that the 1993 Woman of the Year Award to Fairstein was a mistake and that it was given to her before the full facts of the case were known.


Writing career


Alexandra Cooper series

Fairstein has written several crime novels featuring Manhattan prosecutor Alexandra Cooper. The novels draw on Fairstein's legal expertise and several have become international best sellers. The titles are: * ''Final Jeopardy'' (1996) * ''Likely To Die'' (1997) * ''Cold Hit'' (1999) * ''The Dead-House'' (2001) (
Nero Award The Nero Award is a literary award for excellence in the mystery genre presented by The Wolfe Pack, a society founded in 1978 to explore and celebrate the Nero Wolfe stories of Rex Stout Rex Todhunter Stout (; December 1, 1886 – October 27 ...
winner) * ''The Bone Vault'' (2003) * ''The Kills'' (2004) * ''Entombed'' (2005) * ''Death Dance'' (2006) * ''Bad Blood'' (2007) * ''Killer Heat'' (2008) * ''Lethal Legacy'' (2009) * ''Hell Gate'' (2010) * ''Silent Mercy'' (March 2011) * ''Night Watch'' (July 2012) * ''Death Angel'' (2013) * ''Terminal City'' (2014) * ''Devil's Bridge'' (2015) * ''Killer Look'' (2016) * ''Deadfall'' (2017) * ''Blood Oath'' (2019)


Devlin Quick series

*''Into the Lion's Den'' (2016) *''Digging for Trouble'' (2017) *''Secrets from the Deep'' (2018)


Nonfiction

* ''Sexual Violence: Our War Against Rape'' (1993)


Awards

Among her awards are the: * Federal Bar Council's Emory Buckner Award for Public Service * UJA Federation’s Proskauer Award *Columbia University School of Nursing's Second Century Award for Excellence in Health Care *''
Glamour Magazine ''Glamour'' is today an online women's magazine published by Condé Nast Publications. For many years a traditional hard-copy magazine, it was founded in 1939 and first published in April 1939 in the United States. It was originally called '' ...
s Woman of the Year Award (rescinded in 2019) *
American Heart Association The American Heart Association (AHA) is a nonprofit organization in the United States that funds cardiovascular medical research, educates consumers on healthy living and fosters appropriate cardiac care in an effort to reduce disability and deat ...
Women of Courage Award * New York Women's Agenda 2010 Lifetime Achievement Award * Nero Wolfe Award for Excellence in Crime Writing (2008) *
International Thriller Writers International Thriller Writers (ITW), was founded October 9, 2004, at Bouchercon XXXV, the "World Mystery and Suspense Conference", in Toronto, Ontario, Canada. Six months later, some 150 authors with more than one billion books sold worldwide ...
2010 Silver Bullet Award


Personal life

Fairstein grew up in
Mount Vernon Mount Vernon is an American landmark and former plantation of Founding Father, commander of the Continental Army in the Revolutionary War, and the first president of the United States George Washington and his wife, Martha. The estate is on ...
, New York. Her father's family were
Russian Jews The history of the Jews in Russia and areas historically connected with it goes back at least 1,500 years. Jews in Russia have historically constituted a large religious and ethnic diaspora; the Russian Empire at one time hosted the largest pop ...
who immigrated in the early 1900s. Her mother is of Northern Irish, Finnish and Swedish descent. She was married to lawyer Justin Feldman from 1987 until his death in 2011 at the age of 92. In September 2014 she married lawyer Michael Goldberg, a long-time friend and classmate at the University of Virginia School of Law, at their home in
Martha's Vineyard Martha's Vineyard, often simply called the Vineyard, is an island in the Northeastern United States, located south of Cape Cod in Dukes County, Massachusetts, known for being a popular, affluent summer colony. Martha's Vineyard includes the ...
. Fairstein and Goldberg reside in the
Upper East Side The Upper East Side, sometimes abbreviated UES, is a neighborhood in the borough of Manhattan in New York City, bounded by 96th Street to the north, the East River to the east, 59th Street to the south, and Central Park/Fifth Avenue to the we ...
in New York.


References


External links


Alex Cooper Crime Novels


* ttp://www.makers.com/linda-fairstein Linda Fairstein Video produced by '' Makers: Women Who Make America''
CBS News Sunday Morning interview with Linda Fairstein broadcast July 16, 2017
{{DEFAULTSORT:Fairstein, Linda 1947 births Living people New York County Assistant District Attorneys Vassar College alumni University of Virginia School of Law alumni 20th-century American novelists 21st-century American novelists 20th-century American Jews Jewish feminists American prosecutors American crime fiction writers Nero Award winners American women lawyers American feminists American women novelists Writers from Mount Vernon, New York 20th-century American women writers 21st-century American women writers Women mystery writers Novelists from New York (state) 21st-century American Jews