Nov. 14, 2011

Raymond Lawrence, then director of chaplains for Columbia Presbyterian Hospital in New York, attended Bob Kelly’s trial on several occasions and founded the Committee for Support of the Edenton Seven.

This passage is excerpted from a memoir I asked him to write for littlerascalsdaycare.org:

“One Monday morning on arriving at my office I noted a special delivery overnight package in my mail pile. Just as I walked in, my secretary buzzed me to say I had a long distance call asking whether I had opened the package. I told her to get the number and I would call back.

“Instead, the caller said he would call back. I assumed it was the kind of crank call which often comes to chaplains.

“When I finally turned to the special delivery package, I found inside cashier’s checks made out to various defendants in an amount of about $450,000.

“Finally the donor called back, but he didn’t want his name disclosed to the secretary or anyone else. He felt the case was a witch hunt, and he was in solidarity with the accused. He was a businessman who had made a fortune in the emerging computer industry. A year later he gave another $300,000.

“When I flew to Ohio to meet him, he told me he had a terminal illness, and some years later he died. He was a humble, unassuming man. I was in awe of his sensitivity and generosity.”

June 21, 2016

“One of the earliest arguments for financial compensation for the wrongly incarcerated came in 1932, from the Yale law professor Edwin Borchard. In an influential book called ‘Convicting the Innocent: Sixty-five Actual Errors of Criminal Justice,’ Borchard wrote, ‘When it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity for the loss and damage suffered.’ He noted, ‘European countries have long recognized that such indemnity is a public obligation.’ But it would be many years before the United States began puzzling through what constituted an ‘appropriate indemnity.’ It wasn’t until the first DNA exoneration, in 1989, that most states began to seriously consider compensation.

“There is still no consensus about the value of lost time. Missouri gives exonerees $50 a day for time served, California twice that much. Massachusetts caps total compensation at $500,000. In Maine, the limit is $300,000; in Florida, it’s $2 million. The variation is largely arbitrary. ‘If there’s a logic to it, I haven’t seen it,’ Robert J. Norris, a researcher at SUNY Albany who has studied compensation statutes, told me…. Twenty states have no compensation statutes at all.”

– From “The Price of a Life: What’s the right way to compensate someone for decades of lost freedom?” by Ariel Levy in the New Yorker (April 13, 2015)

North Carolina exonerees are entitled to $50,000 for each year spent in prison, plus job training and college tuition, up to a maximum of $750,000. However, those statutes apply only to persons “granted a pardon of innocence by the Governor upon the grounds that the crime with which the person was charged either was not committed at all or was not committed by that person.”

As excruciatingly demonstrated in the case of Henry McCollum and Leon Brown, not every governor is in a hurry to enable that compensation.

March 28, 2012

Had North Carolina prosecutors been interested in anything other than racking up convictions, they would’ve given earnest consideration to analyses such as this one in the Los Angeles Times in 1990, barely a week after a jury returned not guilty verdicts in the McMartin Pre-School case:

“Experts across the country say the interview techniques intended to extract the truth from youngsters who attended the Manhattan Beach nursery school were so misguided as to make the children seem coerced, rehearsed and ultimately unbelievable to the jury….

“According to both child development and criminal defense experts who have closely monitored the case for the last six years, some of the adults — the parents, the prosecutors, the therapists — who tried hardest to find out what happened in the first place may have done the most to confuse the case in the end…. Most of the children were never given the chance to simply tell what, if anything, happened to them.

“‘They were never given the opportunity to tell their stories as they knew them, in their own words, until long after their minds had been contaminated with the thoughts and fears of the adults around them,’ said David Raskin, a psychologist at the University of Utah who has been studying child abuse cases for the last 15 years. By then, he said, it was too late.”

Contamination proved every bit as rampant among child-witnesses in the Little Rascals case, but prosecutors had learned from McMartin to conceal it by denying access to verbatim records of therapists’ interviews.

May 21, 2012

Lee Coleman, a Berkeley, Calif.,  psychiatrist and co-author of “Has a Child Been Molested?” (2000), served as a consultant to the Little Rascals defense.

“When I examined the terrible interviewing methods,” he recalls, “it quickly became obvious that (Little Rascals) was like the McMartin and Kelly Michaels cases: a complete fabrication.”

How does Dr. Coleman account for therapists’ and prosecutors’ “unwillingness to see what was in front of their faces”?

“[(McMartin therapist) Kee MacFarlane became a national figure by claiming to know how to talk to kids to help them describe abuse. There followed a cadre of young, bushy-tailed professionals who saw themselves as the good guys of a movement. They were glamorous and self-righteous, and they had nothing left to think with. What if a child hadn’t been molested? They never thought about it….

“Then they led meetings across the country, where they taught their system to others, who applied it locally…”

Dr. Coleman’s characterization captures precisely the origin of the Little Rascals allegations, in which a seminar led by “sex rings” alarmist Ann Burgess attracted prosecutor H.P. Williams, therapist Judy Abbott and police dispatcher Brenda Toppin.