Dec, 4, 2016

“The testimony [in the Salem witch trials] is full of tall tales, unless you happen to believe – as one woman confessed, having vowed to tell the truth, the whole truth, and nothing but the truth – that she flew on a stick with her church deacon and two others to a satanic baptism, and that she had, the previous Monday, carried her minister’s specter through the air along with her, having earlier conferred in her orchard with a satanic cat….”

– From “The Witches: Salem, 1692” by Stacy Schiff (2015)

Dec. 7, 2011

H. P. Williams Jr. was district attorney during the Little Rascals trial. He now practices criminal defense law in Elizabeth City.

I called to ask whether he had changed his mind about the guilt of the Edenton Seven.

“I’m not in a position to talk about it,” he said.

Why is that? I asked.

“It’s just not a question I choose to answer.”

As I made another stab at continuing the conversation, he ended it: “Have a good day. Goodbye.”

Williams was 39 when the first charges were filed. Today he is in his early 60s. I held out hope that over the years he had reexamined his role in crushing the lives of seven innocent citizens, had suffered a few dark nights of the soul, had harbored an unspoken wish to make amends, had summoned the honesty and courage to break with the prosecutors’ code of silence when faced with the error of their convictions….

I was naive.

Sept. 23, 2013

There’s a bit of an update out of Raleigh on Junior Chandler’s prospects for clemency.

Billy Chandler, Junior’s brother, received this email last week from Pat Hansen in the Governor’s Clemency Office:

“Attorney Mark Montgomery filed a commutation request with this office at the end of Governor Perdue’s term in office.  However, due to the volume of requests received, the request was not ‘officially reopened.’  Currently, we are working on all of the cases held over from the Perdue Administration.  Unfortunately, I cannot tell you when your brother’s case will be reviewed.”

In North Carolina the governor’s clemency power covers both pardons and commutations. Here’s the stated distinction:

“Commutation – whereby an individual presently incarcerated and serving an active sentence has their sentence commuted or reduced by any number of years, months, or days, or to make parole eligible, or to time served which would release the individual immediately.

“Pardon – may be granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence for a criminal offense.  Ordinarily, an applicant must wait to apply until at least five years have elapsed since the applicant was released from State supervision (including probation or parole).  A Pardon is merely an official statement attached to the criminal record that states that the State of North Carolina has pardoned the crime. A Pardon does not expunge or erase a criminal record….”

As much as the facts of Junior’s case call for a pardon, a commutation seems not quite as steep a challenge. However great “the volume of requests received,” Junior Chandler’s surely deserves to be at the top of the stack.

July 11, 2016

“This week Harvard Law School’s Fair Punishment Project issued a report detailing the legacies of five of the nation’s deadliest prosecutors, and (Joe Freeman) Britt was among them. The report highlights what it calls ‘personality-driven capital sentencing,’ which leads overzealous prosecutors with a flair for courtroom theatrics and a desire for personal fame to pursue death sentences at disproportionate rates….

“This personality-driven system means that a death sentence often says less about the severity of the defendant’s crime, than it does about the prosecutor’s enthusiasm and courtroom skills. Personality-driven prosecutions can also lead to wrongful convictions, when prosecutors making winning cases a higher priority than seeking justice….

“Britt often cut corners to win. Appellate courts found that Britt committed misconduct in 14 of his capital cases, the new report shows. His offenses included hiding evidence that might have proven defendants innocent and making inflammatory and improper statements to jurors….

“When they were exonerated by incontrovertible DNA evidence, Britt did not even have the heart to admit his mistake. Instead, he continued to loudly proclaim their guilt….”

– From “NC ‘deadliest prosecutor’ valued winning over justice, new report shows” by Kristin Collins at NC Coalition for Alternatives to the Death Penalty (June 30)

I shudder to speculate what might have happened in Edenton had North Carolina sanctioned capital punishment for child sex abuse. The Little Rascals prosecutors, most strikingly Nancy Lamb,  bore many of the “personality-driven” characteristics seen in a Joe Freeman Britt:

• “A flair for courtroom theatrics and a desire for personal fame”? Check.
• “Hiding evidence that might have proven defendants innocent”? Check.
• “Inflammatory and improper statements to jurors”? Check.
• “Continued to loudly proclaim their guilt”? Check…..