Jan. 11, 2015

Before he turned back a challenge from Little Rascals prosecutor Nancy Lamb, incumbent District Attorney Andrew Womble had given me an inkling of hope he might consider revisiting the case.

This is from a letter I sent him on Sept. 11:

“In your Q&A with the Outer Banks Voice… you recalled ‘a pervasive mindset that the job of the district attorney was to prosecute all cases and to gain convictions. The Duke lacrosse case sort of changed that in my mind; the role of the district attorney is to seek justice.’

“Your thoughtful response leads me to ask how in retrospect you view the prosecution of Bob Kelly, Dawn Wilson and the rest of the Edenton Seven. Is Little Rascals a case  you would have chosen to take to court, much less extend over eight years?

“Johnson Britt, Robeson County DA, recently disavowed the state’s allegations against two defendants cleared by DNA testing. In addition to the North Carolina Court of Appeals’ robust overturning of the verdicts against Kelly and Wilson, a quarter-century of medical and social science research has made ever more clear the innocence of the Edenton Seven….

“As district attorney, would you be willing to voice your own unofficial exoneration of the defendants in the First District’s most notorious prosecution?”

When Womble didn’t respond, I turned to Holly Koerber-Audette, his campaign consultant. Two weeks before the election she offered encouragement: “I am more than happy to talk to him about your request.  I have followed the case and your excellent efforts for a long time now…. You have my word, I will discuss it with him.”

My several follow-up emails have gone unanswered. Whatever the DA’s response, I’d be glad to see it.

May 18, 2016

Even where (wrongful imprisonment) compensation laws exist, they can be badly flawed. Most states, like Louisiana, place the burden on people who were wrongly convicted to prove their innocence before any payment is made. Several states offer embarrassingly small payouts…. Others have laws riddled with unreasonable restrictions…. Some refuse to pay anyone who pleaded guilty or who confessed to a crime he or she did not commit, despite evidence that many innocent people do both….”

– From “Paying for Years Lost Behind Bars,” editorial in the New York Times (May 18)

And some states – well, actually, just one – have governors who withhold compensation for nine months while gratuitously reinvestigating a DNA exoneration.

May 27, 2015

“Here’s an observation from the (“satanic ritual abuse” day-care) panic that I don’t think has been fully explored: These kids didn’t make up these stories.

“In this case (of Fran and Dan Keller) and dozens of others, the kids were telling tales with details about geography, history and current events about which kids of their age couldn’t have known. That’s likely what made their stories seem somewhat credible. But the fact that it all was fictitious reveals a particularly unsettling truth:

“These sick, lurid, unimaginable abuses could only have been a product of the imaginations of the therapists, social workers, cops and/or prosecutors who interviewed the children. If the memories were implanted, those are the only people who could have implanted them.

“That means that the same people entrusted to protect these kids, and in whom these communities trusted to police the streets, prosecute crimes and administer therapy, were ultimately the ones capable of dreaming up detailed sexual fantasies that put children in bizarre rituals involving violence, animals, corpses and so on.

“There’s a lot to be learned from these cases. For one, there are lessons about professional accountability:

“Not only were the vast majority of the prosecutors who put these innocent people in prison in these cases never sanctioned, but also most went on to great professional success, sometimes because of their role in these high-profile cases, and sometimes even after it was widely known that the people they prosecuted were innocent.

“There are other lessons here about how we screen ‘expert’ witnesses, and how bad science gets into the courtroom. There are lessons about the power of suggestion that could be applied to eyewitness testimony and how we conduct police lineups.

“But the drawing of lessons is something we typically do once a crisis is over. This one still isn’t. There are “still people in prison awaiting exoneration.”

– From “The ongoing legacy of the great satanic sex abuse panic” by Radley Balko in the Washington Post (May 26)

Is there something about “satanic ritual abuse” cases that knocks courts off their game? Although the Texas Court of Appeals manages to overturn (at last!) the child sexual abuse charges against day-care operators Fran and Dan Keller, it can’t bring itself to acknowledge their actual innocence. Thanks to Judge Cheryl Johnson for her clear-eyed concurring opinion noting that “This was a witch hunt from the beginning.”

Jan. 20, 2014

“Eighteen months ago I petitioned Attorney General Roy Cooper to issue a statement of innocence for the Edenton Seven.

“ ‘In 2001 Massachusetts Governor Jane Swift signed a resolution proclaiming the innocence of the victims of the Salem Witch Trials. In time, such victims of the ritual-abuse day-care panic as the Edenton Seven will surely receive similar exoneration. Why not now? Why not in North Carolina? This is an opportunity to demonstrate moral leadership on a national scale.’ ”

“Cooper has yet to respond.”

– From “Like Salem’s ‘witches,’ it’s time for NC to exonerate the Edenton Seven,”
my Jan. 19 op-ed column in the News & Observer (cached here) on the 25th anniversary of the first Little Rascals sexual abuse complaint.