March 21, 2015

I spent several hours Friday at Duke University Law School listening to experts detail “Evolving Trends in Forensic Science.”

Fascinating. Topics ranged from the effects of sleep deprivation on jurors’ decision-making to the use of cell tower evidence to determine suspect location. But I was wedged into an auditorium otherwise full of lawyers to hear pediatrician Cynthia Brown and defense attorneys Mark Montgomery and Lisa Miles outline the latest standards for medical exams in cases of suspected child abuse. The good news – if you’re being wrongfully prosecuted in 2015 – is that those standards have become dramatically more specific and sophisticated.

If, however, you were wrongfully prosecuted in 1987, then the fruits of that scientific progress remain maddeningly out of reach.  Waiting for me when I returned home Friday was a letter from Junior Chandler:

“April 15 will be 28 yrs – nearly half my life, all because of lies when I did no crime. It’s a shame & disgrace to the whole N.C. justice system, not only to do this but never to be willing to say they were wrong….”

Jan. 20, 2014

“Eighteen months ago I petitioned Attorney General Roy Cooper to issue a statement of innocence for the Edenton Seven.

“ ‘In 2001 Massachusetts Governor Jane Swift signed a resolution proclaiming the innocence of the victims of the Salem Witch Trials. In time, such victims of the ritual-abuse day-care panic as the Edenton Seven will surely receive similar exoneration. Why not now? Why not in North Carolina? This is an opportunity to demonstrate moral leadership on a national scale.’ ”

“Cooper has yet to respond.”

– From “Like Salem’s ‘witches,’ it’s time for NC to exonerate the Edenton Seven,”
my Jan. 19 op-ed column in the News & Observer (cached here) on the 25th anniversary of the first Little Rascals sexual abuse complaint.

Sept. 1, 2015

 “(As witnesses) children are even less likely to be believed when their stories involve extremes of sadism, collusion among families and communities (sometimes extending over several generations) and so-called ritual or cult abuse – including the torture and killing of animals to frighten children into silence – that are so terrible that authorities decide these things just can’t be true.

“Yet many instances of such ‘incredible’ crimes are documented, sometimes by adults after years of suppressed memory, sometimes by authorities who are now beginning to believe children enough to investigate their stories…..”…

– From “Revolution From Within: A Book of Self-Esteem” by Gloria Steinem (1993)

Steinem’s semi-autobiography was a best-seller, both profiting from and contributing to the nation’s heightened concern with self-esteem.

In addition to using Ms. magazine to tout the existence of “ritual abuse,” she also helped finance the search for the imaginary McMartin tunnels.

Jan. 31, 2015

“ ‘You need to try to rectify whatever error you made,’ says Santa Clara County, California, Special Assistant District Attorney David Angel. ‘But it needs to really shift from this kind of highly moralistic, punitive view. Maybe it’s a cause for embarrassment, but it’s not a cause for shame.’

“He believes prosecutors have drawn the short straw in language, noting that defense attorneys who err are called ‘ineffective’ and judges are ‘reversed,’ while prosecutorial error alone is labeled ‘misconduct,’ with all the attendant negative connotations.

“Angel believes that most prosecutors are willing to admit to mistakes but that ‘people are very hesitant to admit to something that’s called “misconduct,” because it makes you feel like you did something morally wrong.’ ”

– From “Why can’t law enforcement admit their mistakes?” by Sue Russell at Pacific Standard (via Salon, Oct. 21, 2012)

The concept becomes trickier, however, the longer prosecutors cling to their fallacious and costly narratives. At some point – oh, let’s say 25 years later – might “mistakes” have toxified into “misconduct”?