July 8, 2016

“As for an ‘investigative’ piece about the Kelly case that would get to the ‘truth,’ we will have to see if we have any staff members who are sufficiently passionate to get at this story….”

– From News & Observer executive editor Frank Daniels III’s reply (June 10, 1992) to a plea for coverage from Jane W. Duffield of the Committee to Support the Edenton Seven

Daniels’ predecessor, Claude Sitton, lamented later that “my greatest mistake (was) my failure as editor… to make sure we had a top-notch investigative reporter on the Little Rascals case.”

I’ve asked Daniels to share his own recollections of the paper’s coverage, but haven’t heard back.

June 29, 2016

“Compensation is intended in part as a deterrent: a municipality that has to pay heavily for police or prosecutorial misconduct ought to be less likely to allow it to happen again. But it is taxpayers, not police or prosecutors, who bear the costs of litigation and compensation. Prosecutors enjoy almost total immunity in cases of misconduct, even if they deliberately withhold exculpatory evidence from a jury. A 2011 Supreme Court ruling also made it virtually impossible to sue a prosecutor’s office for such violations….”

– 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)

To “deliberately withhold exculpatory evidence” seems all too neatly illustrated in Bob Kelly’s trial. Here’s how the North Carolina Court of Appeals described the prosecution’s actions:

“Judge L. Bradford Tillery, a pretrial Judge, directed the State to file and present for in camera review identifying information, medical and psychotherapeutic files and DSS files with respect to the ‘indictment children’….

“In apparent compliance with Judge Tillery’s order… the State turned over a box of files to the trial court, Judge (Marsh) McLelland presiding. The box contained, inter alia, complete medical notes and therapy notes on the 29 indictment children, 12 of whom testified at defendant’s trial and 17 of whom did not….

“After trial, defendant’s appellate counsel went to the Office of the Clerk of Court for Pitt County to view the exhibits. He opened several boxes containing trial exhibits, none of which were sealed. One of the boxes contained 29 files labeled with the names of the indictment children…. Defendant argues that the files contained undisclosed information that would have been material to the defense.”

To wit, the withheld files were bulging with exculpation – conflicting claims, evidence of hysteria, eyewitness testimony that nothing happened.

Prosecutors H.P. Williams Jr., Bill Hart and Nancy Lamb walked away rebuked by the Appeals Court but otherwise unpenalized. How differently might the Little Rascals case have unfolded had they known their recklessness wouldn’t be shielded by prosecutorial immunity?

April 5, 2015

William L. Anderson, professor of economics at Frostburg (Md.) State University, writes widely in opposition to big government. He has a particular aversion to overreaching prosecutors such as Mike Nifong and Nancy Lamb.

Anderson recently spoke to a North Carolina State University audience on “The Economic Calculation of Prosecutorial Abuse,” and afterward he shared these thoughts on how justice goes bad:

“The real problem is that people in the courts and law enforcement don’t have ‘fences’ that limit their behavior and also increase their liability. If the chances that they will face any meaningful sanctions for lying and lawbreaking are almost nil, then we can expect two things:

1. People in those lines of work are going to cut corners, to lie (even if they really do believe the person is guilty) and to manufacture ‘evidence,’ and
2. The kind of people who are most likely to cut corners are going to self-select into these lines of work…..

“Take Nancy Lamb, for example. While she narrowly lost the DA election last year, nonetheless she has ridden the Edenton fame for years and has done well in her career. It helped her gain money and what the late Murray Rothbard described as ‘psychic profit.’ She suffered no consequences that I know despite the horrendous train-wreck damage she caused not only the defendants, but also the taxpayers of North Carolina…. Lamb is protected by prosecutorial immunity and also by a media and legal culture that bows down to prosecutors and judges….

“A society that accepts and honors this kind of dishonest and destructive behavior is doomed. There is no other way to put it. The people from Edenton could never get back their lives; Betsy Kelly pleaded nolo contendere because she knew the North Carolina ‘justice’ system was utterly and hopelessly corrupt….”

Also seemingly immune to appropriate consequences: Chris Bean, who went on to a long career on the bench despite having provided flagrantly prejudicial testimony against former client Bob Kelly.

April 29, 2015

“Wednesday marks the 230th day that Governor Pat McCrory has refused to grant a pardon of innocence to Henry McCollum and Leon Brown, the two Robeson County men who both spent 31 years in prison for a rape and murder they did not commit.

“The two men, both mentally disabled and struggling to pay their bills, need the pardon from McCrory to be eligible for financial compensation from the state for the years they were wrongly incarcerated. McCrory received the petition September 11 of last year.

“McCrory has been busy of course, most recently taking an unannounced trip to Los Angeles where he appeared on a panel at conference (and hobnobbed) with Paula Abdul and other celebrities at an event called the Global Gourmet Games….

“Meanwhile Henry McCollum and Leon Brown are still waiting for justice from McCrory and still struggling to pay their water bill….”

– From “Day 230 of Gov. McCrory denying justice to Henry McCollum and Leon Brown” by Chris Fitzsimon at the Progressive Pulse (April 19)

It’s not just Junior Chandler and the Edenton Seven who suffer from the indifference of elected officials who hold the power to at last do right by them.

To withhold compensation from the hapless McCollum and Brown seems especially heartless. If McCrory has an explanation for his nearly eight months of foot-dragging, he’s not revealing it – unless maybe he spilled to his tablemates at the Global Gourmet Games….