May 15, 2013

“As one of the lead prosecutors, (Elizabeth Lederer) helped lock up five young people (the Central Park Five) based on false confessions, no DNA evidence and media hysteria, for a collective 30 years….

“Lederer never apologized. Today, she still serves as an assistant district attorney and teaches at Columbia Law School, one of the most prestigious institutions in the country. While those wrongfully convicted lost years of their lives, her efforts to imprison them had no negative consequences for her…. People like Lederer whose failures cost livelihoods should be held accountable for their actions….

“Defending Lederer’s role in the case as an aggressive lead prosecutor, (New York Times columnist Jim) Dwyer dismissed that as: ‘Mistakes were made.’ That’s the standard public relations line used when trying to deflect blame. But what kinds of mistakes? What were their effects?”

– From “For Central Park Five, wrongful conviction meets false equivalence” by Raymond Santana and Frank Chi at Salon.com (May 3)

You know where I’m going with this: the Edenton Seven were locked up for some 15 years, and the “aggressive lead prosecutor” in their case remains ensconced on the state payroll, still unrepentant – and always available to share her expertise on “how to defend the forensic interview in the courtroom.”

Perhaps, however, the notoriety she achieved as Little Rascals prosecutor helps explain why she hasn’t risen to district attorney or to district court judge.

Even if so, of course, that consequence wouldn’t begin to atone for the horrors she inflicted over a nonexistent crime.

April 29, 2016

The damage was minimal compared with that caused by HB2, but the N.C. General Assembly in 1992 produced its own ludicrous overresponse to a nonexistent problem. It fell hard for the “satanic ritual abuse” allegations in the Little Rascals Day Care case.

Requiring SBI notification within 24 hours of any report of sexual abuse in a day-care setting was reasonable enough. But that was only the beginning.

According to the Associated Press:

“Law enforcement officials are teaming up with social services experts to investigate and more effectively prosecute child sexual abuse in North Carolina day-care facilities….

“State Bureau of Investigation Director Charles Dunn said… the goal is to train up to 300 individuals in the state’s largest cities.

“Under the protocol, agencies in counties would establish guidelines for interagency task forces. Each task force would include an investigative unit and a resource unit.

“The typical investigative unit would include a child protective services social worker, law enforcement officer, consultant from the state day-care licensing agency and an SBI agent.

“The resource unit might include medical personnel, SBI lab experts, mental health workers and representatives of the attorney general’s and local district attorney’s offices….”

Maybe this sprawling bureaucratic troop movement, frustrated in its original mission, could be reactivated to enforce HB2 in the state’s bathrooms…..

— My response to a post on HB2 at the North Carolina Criminal law blog (April 29)

Feb. 8, 2012

The indignities endured by Little Rascals defendants were unending and sometimes bizarre. A University of Georgia professor enlisted by the defense to conduct a penile plethysmograph reported that Bob Kelly was aroused by videotapes and slides of only normal heterosexual activity. But the prosecution’s expert countered that not every sex offender would be caught by the test.

Fearful of a clear-thinking jury, prosecutors never missed an opportunity for gratuitous vilification. Nancy Lamb histrionically held up gold-framed portraits of 12 children as she denounced Kelly as “an evil, evil man.” H.P. Williams Jr. saw “no reason he should be restored to the community at any time.”

And how’s this for a melodramatic climax, as reported by the Associated Press:

“Some of Mr. Kelly’s victims, clutching dolls and teddy bears, sat in the front row of the spectators’ section as Judge D. Marsh McLelland… passed sentence (of 12 consecutive life terms). Later, as guards escorted Mr. Kelly out of the courtroom to a police car for the trip to a state prison in Raleigh, some of the children yelled at him, ‘I hate you!’… ‘See you in a million years!’ ”

Dec. 31, 2014

“Dear Mr. Powell:

“At their meeting on December 16, the members of the North Carolina Highway Historical Marker Advisory Committee… voted unanimously not to approve a marker (in Edenton recognizing the Little Rascals Day Care case).

“Your nomination was among 17 on the agenda (only five met with approval)…. In short, the committee felt that the case was too recent – with too many people affected by it living in the area. They felt that much more time needed to pass before the subject could be judged by history and considered for a marker. One suggestion was that it might be considered 25 years after the deaths of those convicted…..”

– From a letter rejecting my application for a “history on a stick” marker for the Little Rascals case

I respect the committee’s reasoning, even though I doubt I’ll be around when it’s ready to reconsider – in what, 2075?