Nov. 11, 2011

“The first case to raise alarms about predators in nursery schools was that involving the McMartin preschool in Manhattan Beach, California…. In 1983, a woman named Judy Jones charged that 25-year-old Ray Buckey, a teacher and grandson of the school’s founder, had sodomized her two-year-old son.

“(Jones) was an alcoholic and subsequently diagnosed as a paranoid schizophrenic.

“After her charge against Buckey (who was acquitted in 1990 along with his mother and school owner Peggy McMartin Buckey), she went on to make the same allegations against a member of the U.S. Marine Corps who had, she said, sexually assaulted her dog.”

– From “No Crueler Tyrannies: Accusation, False Witness and Other Terrors of Our Times” by Dorothy Rabinowitz (2003)

 When Rabinowitz, a member of the Wall Street Journal editorial board, won the 2001 Pulitzer Prize for commentary, the judges cited her series on unjustified child-abuse prosecutions.

Nov. 12, 2012

“It is not conceivable that any of the prosecutors (in cases such as Little Rascals) believed a word of the charges responsible for ruining the lives of so many people. The cases were brought for one reason alone: to gain name recognition for the prosecutors.”

– From “The Tyranny of Good Intentions: How Prosecutors and Bureaucrats Are Trampling the Constitution in the Name of Justice” by Paul Craig Roberts and Lawrence M. Stratton (2008)

Could prosecutors really have sold their souls (not to mention their public trust) for mere “name recognition”? Or did their lust for guilty verdicts blind them to the obvious?

Most days, the latter seems more likely to me. Or perhaps a hybrid….

Indisputably, however, career benefits did attach to trumpeting from the courthouse steps that you’ve sent away Bob Kelly for 12 consecutive life sentences.

Feb. 24, 2012

“Samuel Sewall was one of nine judges appointed to hear the Salem witch trials in 1692.

“Five years later he stood up in church in front of the congregation while the minister read out his apology.

“None of his colleagues on the bench followed suit.”

– From “Judge Sewall’s Apology: The Salem Witch Trials and the Forming
of an American Conscience” by Richard Francis (2005)

No regret – or even doubt! – has ever been expressed by Judge Marsh McLelland, by prosecutors H.P. Williams, Nancy Lamb or Bill Hart or by the misguided therapists who served not the children but the Little Rascals prosecution team.

Do they ever give a passing thought to the lives they ruined?

June 29, 2016

“Compensation is intended in part as a deterrent: a municipality that has to pay heavily for police or prosecutorial misconduct ought to be less likely to allow it to happen again. But it is taxpayers, not police or prosecutors, who bear the costs of litigation and compensation. Prosecutors enjoy almost total immunity in cases of misconduct, even if they deliberately withhold exculpatory evidence from a jury. A 2011 Supreme Court ruling also made it virtually impossible to sue a prosecutor’s office for such violations….”

– From “The Price of a Life: What’s the right way to compensate someone for decades of lost freedom?” by Ariel Levy in the New Yorker (April 13, 2015)

To “deliberately withhold exculpatory evidence” seems all too neatly illustrated in Bob Kelly’s trial. Here’s how the North Carolina Court of Appeals described the prosecution’s actions:

“Judge L. Bradford Tillery, a pretrial Judge, directed the State to file and present for in camera review identifying information, medical and psychotherapeutic files and DSS files with respect to the ‘indictment children’….

“In apparent compliance with Judge Tillery’s order… the State turned over a box of files to the trial court, Judge (Marsh) McLelland presiding. The box contained, inter alia, complete medical notes and therapy notes on the 29 indictment children, 12 of whom testified at defendant’s trial and 17 of whom did not….

“After trial, defendant’s appellate counsel went to the Office of the Clerk of Court for Pitt County to view the exhibits. He opened several boxes containing trial exhibits, none of which were sealed. One of the boxes contained 29 files labeled with the names of the indictment children…. Defendant argues that the files contained undisclosed information that would have been material to the defense.”

To wit, the withheld files were bulging with exculpation – conflicting claims, evidence of hysteria, eyewitness testimony that nothing happened.

Prosecutors H.P. Williams Jr., Bill Hart and Nancy Lamb walked away rebuked by the Appeals Court but otherwise unpenalized. How differently might the Little Rascals case have unfolded had they known their recklessness wouldn’t be shielded by prosecutorial immunity?