Oct. 12, 2012

The exoneration of Willie Grimes warms my heart, and not just because the 66-year-old parolee has become “Free at last!” after a 1987 rape conviction in Hickory.

As often lamented on this site, prosecutors such as those in the Little Rascals case simply refuse to acknowledge, much less take responsibility for their mistakes.

In the Grimes case, however, District Attorney Jay Gaither told the Innocence Inquiry Commission panel, “The State cannot argue any conclusion other than for innocence in the case of Willie Grimes,” then rested the state’s case and sat down.

Afterward, he explained that “In this week’s presentation of evidence we counted no less than 35 pieces of evidence and testimony in support of innocence…. The fact that the three-judge panel was so emphatic in its conclusion and decision only strengthens the confidence I have in our decision.”

But Gaither went even further, on camera and rebroadcast by WSOC-TV: “On behalf of the district attorneys of North Carolina, I want to offer an apology to Willie Grimes.”

Yes – an apology!

Although the Grimes conviction occurred long before Gaither took office in 2002, DAs often feel compelled to defend even their predecessors’ performance. As former New York prosecutor Bennett Gershman has observed, “The prosecutor can’t do anything that undermines the public’s confidence in the prosecutor’s office. Once the public begins to doubt that prosecutors convict guilty people – that there may be mistakes in the system – that undermines confidence in the prosecutor….”

Gaither took the opposite approach. “You don’t just brush off 24 years of a man’s life and go on,” he told me Wednesday. “A series of events denied Mr. Grimes a fair trial. Closure was required.

“I wanted the public, as well as Mr. Grimes, to know that we weren’t just beat down, but that we were actually sorry.” (Click Gaither’s picture above to watch the broadcast that includes video of the courtroom apology.)

Also notable is how Gaither framed his apology: “I was speaking not so much for district attorneys as individuals, as for the State of North Carolina…. Only 44 of us have that right to say ‘The state says….’ ”

In this case, that right was admirably used. Would that it happened more often.

Dec. 12, 2011

“(In 1989) when the Breezy Point Day School in Langhorne, Pennsylvania, was subjected to an elaborate skein of charges of satanic and ritualistic sex abuse (District Attorney Alan) Rubenstein mounted an immediate, aggressive investigation of the evidence supporting each allegation.

“He took up the rug at the school where rabbits were alleged to have been ritually sacrificed and sent it to (an independent toxicology) lab for analysis; no rabbit blood was found.

“He sifted the school sandbox for evidence of allegedly sacrificed and mutilated animals; no traces were found.

“He had the children alleged to have been raped and beaten interviewed apart from their frenzied parents and without the assistance of the ubiquitous (Roland) Summit-trained ‘sex therapists;’ none were found to have been abused.

“One of the child ‘victims,’ whose videotaped ‘disclosure’ was key to the original allegations, actually objected to being transferred to another school, claiming she ‘liked Breezy Point.’

“Rubenstein firmly resisted hysterical parents and the public clamor for arrests. As a result of his courage and integrity, and his thorough, timely and scientific investigations, all charges of abuse at Breezy Point quickly evaporated.”

– From “Sexual Liberation: The Scandal of Christendom” by Raymond J. Lawrence (2007)

Striking, isn’t it, to see the prosecutor in a day-care abuse case say “Wait just a minute, let’s check this out” rather than falling all over himself to round up a coffle of suspects.

Later this week I’ll be checking in with Doug Wiik, owner of Breezy Point and a key member of the Committee for Support of the Edenton Seven, and with former District Attorney Rubenstein.

Jan. 31, 2012

Expert vouching.

That odd little legalism is the crucial issue in Junior Chandler’s latest – and perhaps last – shot at justice. Durham attorney Mark Montgomery has just filed an appeal on Junior’s behalf in the N.C. Supreme Court.

In Junior’s 1987 trial in Buncombe County, the prosecution ran out no fewer than six expert witnesses, including three pediatricians.

Each expert testified that Junior’s alleged victims had in fact been sexually abused “as they described” – but none could cite definitive physical evidence on which they based their validation.

In the years since, higher courts have seen the reversible error of those ways. Expert vouching is now inadmissible in the absence of physical evidence “diagnostic of” – not just “consistent with” – sexual abuse.

The case against Junior was weak and weird on all fronts. No credible eyewitnesses or physical evidence. No storyline that made a lick of sense. (Although prosecutor Bill Hart must have liked the kidnapping-and-boat-ride scenario – he called on it again four years later in the Little Rascals trial.)

Only four children testified against Junior, accounting for less than 2 percent of the 1,407-page trial transcript. Some claimed to have been abused by… Pinocchio. And jurors never heard from those children on Junior’s bus who denied seeing abuse.

Just how important was expert vouching in imposing Junior’s two consecutive life sentences?

On all charges supported by expert vouching the jury found him guilty. On all charges not supported by expert vouching it found him not guilty.

Dec. 5, 2017

“The Manson Family’s ritualistic murders in 1969 triggered the ini4al stages of na4onal cult hysteria….

“Manson made hippies scary for awhile, but I don’t think it’s a coincidence that ’70s horror movies featuring hooded devil covens, witches and the occult emerged shortly after he was convicted. Manson and his apostles triggered a frenzy pertaining to cults that would reach ridiculous new heights in the ‘80s with the ‘satanic ritual abuse’ allegations, which inspired their own exploitation movies as well….”

— From “How Exploitation Movies Exploited Charles Manson and Hippie Hysteria”
by Kieran Fisher at “Film School Rejects” (Nov. 25)