Sept. 30, 2013

Death noted: District Attorney Frank Parrish, 64, who succeeded H. P. Williams Jr. in prosecuting the Edenton Seven.

By the time Parrish took office in 1994, Little Rascals had become almost entirely a Nancy Lamb production. Whatever Parrish actually believed, the prosecutors’ code demanded that he continue to insist that the case was concrete-solid.

But as a growing body of scientific evidence called into question the testimony of child witnesses in ritual-abuse cases, Parrish had to decide how to respond to the overturning of the convictions of Bob Kelly and Dawn Wilson. “I’ve gotten an awful lot of guidance, none of it solicited,” he told the Charlotte Observer. “(Research) does not play a part, nor should it. That’s as if because there’s research about the unreliability of eyewitnesses, I should dismiss or not retry an armed robber.”

By 1997 Parrish and Lamb could no longer delay dropping the last Little Rascals charges. And who now might succeed Parrish as district attorney? Unfortunately, you won’t be surprised.

July 23, 2012

“ ‘Don’t focus on the question, focus on the answer,’ (District Attorney H. P. Williams Jr.) said, referring to the defense argument that children were asked leading questions.”

– The Associated Press, March 28, 1992

Did prosecutors know all along that the interview process was corrupt at the core and that their case was in essence (if not in the strict legal sense) fruit of a poisonous tree?

Or had they, too, simply lost their bearings in the hysteria?

Feb. 15, 2012

I asked Mark Montgomery for an update on Junior Chandler’s latest appeal of his two life sentences for child sexual abuse:

“There are two prongs to the appeal. First, I am asking the N.C. Supreme Court to simply do the right thing by Junior. The Court said in 2010 that expert testimony like that in Junior’s case is (and was) inadmissible. That being the case, it is fundamentally unfair for Junior to be facing the rest of his life in prison, when many defendants have been freed because this sort of testimony was used against them at trial.

“Second, Junior’s lawyer objected to the testimony but did not raise the issue on appeal. I argued in a motion in Superior Court that the lawyer was ineffective for abandoning the issue. The Superior Court judge denied the motion without a hearing. If the Supreme Court will not itself set aside Junior’s convictions, it should at least require a hearing on trial counsel’s conduct.”

This is how the process works: “Petitions such as Junior’s go to one of the six associate justices. He or she decides what should be done and then presents the case to the court as a whole in a monthly (sort of) closed door meeting. The justices then vote on whether to grant the petition. If the Court grants the petition, it usually requires full briefs from both parties, but may decide the case of the basis of the petition and the State’s response alone.

“If it denies the petition, that’s the end of the road.”

The court could respond as early as April 13, according to this chart of petitions allowed and denied.

Jan. 8, 2018

“Because [this movement] was about sex and children, hysteria was not far behind. Before long, an industry of feminist and Christian therapists and self-help writers were claiming that virtually every behavioral quirk or emotional trouble could be traced to sexual abuse, even if – especially if – the alleged victim did not remember it. ‘If you think you were abused and your life shows the symptoms, then you were,’ wrote poet Ellen Bass and journalist Laura Davis in their massive bestseller The Courage to Heal  (1988). The symptom checklists in it and similar books include everything from arthritis to feeling ugly. Bass’s book launched a battery of unscientific ‘therapeutic’ and forensic interviewing techniques to extract false and ‘recovered’ memories of sexual depredation. …

“A new crusade marched under the banner ‘Believe the Children.’ With the sketchiest of evidence or none at all, child protective agencies removed kids from their parents. Credulous juries sent day-care workers to prison on charges of ‘satanic ritual abuse.’ Adults denounced their aging parents, guilty of nothing more than imperfect love, as sadistic rapists. It took only one accusation to ruin a person’s life. Bus drivers, babysitters, divorcing fathers, and boyfriends at the wrong end of a grudge lost jobs, families, and reputations with one accusation, one newspaper item. In its review of exonerations from 1989 to 2012, the National Registry of Exonerations reported that among convictions for crimes that never occurred, over half involved child sexual abuse: ‘Two-thirds of these cases were generated in a wave of child sexual abuse hysteria that swept the country three decades ago.”

– From “Will Feminism’s Past Mistakes Haunt #MeToo?” (Dec. 8) by Judith Levine in Boston Review