Nov. 7, 2011

Last week I mentioned a misleading characterization on the website of the Raleigh personal-injury law firm Brent Adams & Associates:

“A highly publicized case occurred in coastal North Carolina almost 30 years ago. Making national headlines, the Little Rascals Day Care Center was run by a husband-and-wife team, Bob and Betsy Kelly…. The Little Rascals abuse case involved 90 children who all required extensive therapy sessions.”

After I asked that the passage be removed, instead this sentence (along with a Wikipedia link) was added:

“The convictions were later overturned by the NC Court of Appeals and all charges were dropped.”

Better. A lot better. But the remaining reference to “90 children who all required extensive therapy sessions” is still exactly 90 children away from being accurate.

Nov. 15, 2015

“In 1977 the Canadian psychotherapist Lawrence Pazder published a memoir of one of his patients, ‘Michelle Remembers.’…

“Michelle’s memoir had been preceded by a number of other books by survivors of child abuse, such as ‘The Three Faces of Eve’ (1952) and ‘Sybil’ (1973)…. What Michelle remembered, though, set her book apart. The narrative included lurid details of years of sexual abuse, satanic ritual, animal sacrifice, serial rape, baby killing and a climactic final battle between the devil (complete with horns and tail) and the Virgin Mary…

“Michelle had apparently repressed the memory of these events for something like 20 years. Only after sessions with her therapist (whom she later married) did the memories reemerge, from the couch to the printed page.

“‘Michelle Remembers’ was the first to really discover satan, and many of its narrative moments would recur, endlessly, in the following decade in a series of expanding claims of a secret satanic conspiracy for world domination. As one law enforcement official put it, ‘Before “Michelle Remembers,” there were no Satanic child prosecutions. Now the myth is everywhere.’ ”

– From “From History to Theory” by Kerwin Lee Klein (2011)

Oct. 24, 2011

It’s almost obscene to consider the Edenton Seven as lucky, but at least they eventually went free.

Mark Montgomery, the Durham appellate lawyer who represented Bob Kelly, cites two clients still in prison after being convicted of bizarre sexual abuse during the decade of moral panic, 1984-94.

“Junior Chandler was a driver for a (Madison County) day care. The prosecutor (the same who prosecuted Bob Kelly) alleged that Junior would drive off his route to a park by a river, strip the children of their clothes, troop them down to the river, put them in a rowboat, commit various sexual acts, put them back on the bus and take them home.

Based almost exclusively on hearsay and expert ‘vouching,’ Junior was convicted in 1987, and sentenced to two life sentences.

“Pat Figured was supposed to have driven from North Raleigh to Smithfield over his lunch hour to stick a screwdriver into the anal openings of his girlfriend’s two children. (UNC Chapel Hill) psychologist Mark Everson testified that the children ‘had been abused by Mr. Pat Figured.’ Pat was convicted in 1993 and sentenced to life in prison.”

Here is the North Carolina Supreme Court’s 2010 decision that kept Andrew Chandler Jr. a/k/a Junior Chandler in prison.

And here is a thorough history of Pat Figured’s case.

The fate of Chandler and Figured is surely appalling. However, Montgomery adds, “For each defendant who went to trial and was convicted of sexual abuse, dozens more pled guilty to a lesser charge in order to avoid trial for crimes that are difficult to defend against and carry draconian penalties.”

April 25, 2016

“Prosecutors wield extraordinary, unparalleled, and unchecked power. ‘They alone decide who to prosecute for criminal offenses, what charges to bring against them, and what punishments to seek,’ as the National Registry (of Wrongful Convictions) says. ‘In practice, that power extends to convicted defendants as well. If a sitting prosecutor asks the appropriate court to vacate the judgment and dismiss the charges against a defendant … it will happen.’

“But this requires political will. And too often, the will is not there. As (Keith Hampton, attorney for Fran and Dan Keller) notes, convincing a prosecutor that an injustice has happened can be a tough pull: ‘Unless you have DNA – unless you get the DA completely cornered – there are no profiles in courage out there,’ he says.

“Still, the number of exonerations in cases where no crime was actually committed are on the rise – so at least in some jurisdictions, individuals aren’t forever left in the kind of limbo in which the Kellers find themselves. The National Registry includes 540 exonerations in no-crime cases, including 51 exonerations in child sex abuse ‘hysteria’ cases (including Bob Kelly and Dawn Wilson)….”

– From “Convicted of a Crime That Never Happened: Why Won’t Texas Exonerate Fran and Dan Keller?” by Jordan Smith at the Intercept (April 8)