May 30, 2012

Is the case for pardoning the Wilmington 10 any more compelling than that for pardoning the Edenton Seven?

As the N&O’s Bruce Siceloff points out, “Somebody firebombed Mike’s Grocery, a white-owned store in a black Wilmington neighborhood, during three days of racial violence in February 1971. When firefighters and police came to put out the blaze, somebody fired shots at them.”

In Edenton, by contrast, no crime was committed, making exoneration all the more challenging: There’s no alternative “somebody” to point to.

Nov. 23, 2011

“Finally, after eight years, the Little Rascals case is over. We can consign to history what has to be the most bizarre and disturbing episode in the annals of North Carolina law…..

“Never has the state devoted such resources to wrecking lives with such flimsy evidence and unconscionable delays.

“As a case history of mass hysteria, the Edenton story will enrich textbooks for generations. As a cautionary tale of what can happen when otherwise sensible people come under the spell of self-styled victim advocates, one can only hope the memory of Little Rascals will help others stop the next case before it gets out of hand.

“The state’s most effective weapon… was not evidence, but time. By holding (defendants) behind bars month after month, the state managed to inflict enormous punishment… without having to prove a thing.

“As fiction, the Little Rascals story would have strained the combined imaginations of Charles Dickens and Stephen King. As news, it is a chilling example of a judicial system that was unchecked by common sense or common decency.”

– Editorial in the Greensboro News & Record, May 28, 1997

When Gladstone (or whoever) first posited that “Justice delayed is justice denied,” could he have envisioned such a calculated demonstration?

Sept. 23, 2013

There’s a bit of an update out of Raleigh on Junior Chandler’s prospects for clemency.

Billy Chandler, Junior’s brother, received this email last week from Pat Hansen in the Governor’s Clemency Office:

“Attorney Mark Montgomery filed a commutation request with this office at the end of Governor Perdue’s term in office.  However, due to the volume of requests received, the request was not ‘officially reopened.’  Currently, we are working on all of the cases held over from the Perdue Administration.  Unfortunately, I cannot tell you when your brother’s case will be reviewed.”

In North Carolina the governor’s clemency power covers both pardons and commutations. Here’s the stated distinction:

“Commutation – whereby an individual presently incarcerated and serving an active sentence has their sentence commuted or reduced by any number of years, months, or days, or to make parole eligible, or to time served which would release the individual immediately.

“Pardon – may be granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence for a criminal offense.  Ordinarily, an applicant must wait to apply until at least five years have elapsed since the applicant was released from State supervision (including probation or parole).  A Pardon is merely an official statement attached to the criminal record that states that the State of North Carolina has pardoned the crime. A Pardon does not expunge or erase a criminal record….”

As much as the facts of Junior’s case call for a pardon, a commutation seems not quite as steep a challenge. However great “the volume of requests received,” Junior Chandler’s surely deserves to be at the top of the stack.

Nov. 28, 2011

“The Little Rascals case offers a trove of testimony illustrating how immersion into the popular psychology of sexual abuse gave parent-experts the terms and concepts to retrospectively interpret their children’s behaviors and emotions, and to do so with the ring of authority….

“One mother testified that once she had learned the psychology of sexual abuse, she realized her child’s denial that anything untoward had happened at the day care center actually was a sign that he had been sexually abused.”

– From “The Day Care Ritual Abuse Moral Panic” by Mary De Young (2004)