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.

Dec. 21, 2012

“In the accusatorial post-McMartin climate, day care providers… took measures to protect themselves from false allegations. They installed video cameras to record all of their activities, opened up private spaces to public view by taking down doors to bathrooms and closets and, fearing the act now could be misinterpreted, stopped hugging and holding their young charges.

“State legislatures… hurriedly mandated the fingerprinting and criminal records check of all current and prospective day care providers; state licensing agencies tightened regulations and by legislative fiat were given more teeth to enforce them. Yet insurance liability premiums soared, forcing many small day care centers out of business and many more, unlicensed and uninsured, to go underground.

“Heralded at the start of the (1980s) as playgrounds for children, day care centers were feared at its end as playthings of the devil.”

– From “The Devil Goes to Day Care: McMartin and the Making of a Moral Panic” by Mary De Young in the Journal of American Culture (April 1, 1997)

Second to none was North Carolina’s overreaction, highlighted by the creation of “interagency task forces.”

Feb. 12, 2017

“One day after Indiana Gov. Eric Holcomb pardoned him for a 1996 armed robbery he did not commit, [Keith] Cooper, 49, said he was grateful to the new governor for doing something his predecessor, Vice President Mike Pence, long had refused to do….

“Cooper spent nearly a decade of a 40-year sentence behind bars before he was released in 2006. Nearly three years ago, after the victims who had identified him as the shooter recanted and DNA evidence pointed to another man, the Indiana Parole Board unanimously recommended Cooper be pardoned. His request, though, sat unsigned on Pence’s desk….

“In response to a request for comment, the vice president’s spokesman did not address the Cooper pardon but said Pence ‘is proud of his record’ as Indiana’s governor.”

– From “Wrongly accused of armed robbery, he says Pence ‘abandoned me‘ ” by Christy Gutowski in the Chicago Tribune (Feb. 11)

It wasn’t easy, but Pence made North Carolina’s former governor seem absolutely eager to rectify a wrongful prosecution.

March 31, 2015

“…The watershed event marking the shift in public opinion on these (“satanic ritual abuse” day care) cases was the HBO airing of ‘Indictment: The McMartin Trial’ (watchable here on YouTube) in May 1995, wherein Ray Buckey, the child-molesting villain of the McMartin trial, was recast as the victim of a hysterical conspiracy theory.

“Five years earlier, no major television network would have dared question the infallibility of the testimony of ravished, innocent babes. A network like HBO is closely attuned to shifts in the public mood.

“Such TV dramas and feature films are generally more likely to respond to existing trends in public opinion on controversial issues than to break new ground, and so this docudrama marked a sort of closure on the issue in the public imagination, though the judicial system cannot shift direction so quickly.”

– From “The Metanarrative of Suspicion in Late Twentieth-Century America” by Sandra Baringer (2004)

Eighteen days before HBO broadcast “Indictment,” the North Carolina Court of Appeals had overturned the convictions of Bob Kelly and Dawn Wilson, but Kelly’s torture at the hands of the state was far from over: A year later he would be charged with raping a young girl outside the day care in 1987. Was prosecutor Nancy Lamb unable to “shift direction so quickly” – or simply unwilling?