May 16, 2014

Exhibit A:

“Last year at a state solicitors’ convention in Myrtle Beach, (South Carolina State Supreme Court Justice Donald Beatty) cautioned that prosecutors in the state have been ‘getting away with too much for too long.’ He added, ‘The court will no longer overlook unethical conduct, such as witness tampering, selective and retaliatory prosecutions, perjury and suppression of evidence. You better follow the rules or we are coming after you and will make an example. The pendulum has been swinging in the wrong direction for too long and now it’s going in the other direction. Your bar licenses will be in jeopardy. We will take your license’….

“If most prosecutors are following the rules, you’d think they’d have little to fear, and in fact would want their rogue colleagues identified and sanctioned….The state’s prosecutors didn’t see it that way….

“At least 13 of the head prosecutors in the state’s 16 judicial districts, along with South Carolina Attorney General Alan Wilson, are asking for Beatty to be recused from criminal cases. This would presumably end his career as a state supreme court justice….”

– From “Judge says prosecutors should follow the law. Prosecutors revolt.” by Radley Balko in the Washington Post (March 7)

Exhibit B:

“….Decades of studies show eyewitness testimony is only right about half the time – a reality that has prompted a small vanguard of police chiefs, courts and lawmakers to toughen laws governing the handling of eyewitnesses and their accounts of crimes….

“Prosecutors, however, have opposed the efforts, arguing that the changes erode their powers, even as studies have shown that eyewitnesses are about half as likely to choose the correct suspect out of a lineup as they are to choose some combination of the innocent fillers or no suspect at all when the correct one is present. The reexamination of eyewitness testimony comes at a time when technology and other forensic analysis are being given greater weight….”

– From “Eyewitness Testimony No Longer A Gold Standard” by Nigel Duara of the Associated Press (April 19, 2014)

TV prosecutor Jack McCoy suffered his own ethical dark nights of the soul, but I can’t imagine him finding much in common with such miscreants as these.

June 10, 2013

“The danger posed by courts and prosecutors who abdicate their responsibilities to uphold the Constitution in favor of overwhelming community sentiment was recently illustrated in State v. Robert Fulton Kelly Jr.

“The trial prosecutor and the Superior Court judge were so overwhelmed by community sentiment that the trial was converted from a proceeding to adjudicate Mr. Kelly’s guilt or innocence into a forum to assist the families of the scores of alleged child victims recover from the gut-wrenching allegations of the 100-count indictment. The result: Justice was poorly served.

“The individuals thought to be victims and their many family members, loved ones and neighbors were frustrated, angered and in the end felt cheated. The individuals accused of heinous abuse of scores of children were deprived of a fair trial and deprived of liberty for more than three years.”

– From a talk by Henderson Hill, director of the N.C. Resource Center, Office of the Appellate Defender, at the Senator Sam J. Ervin Jr. Constitutional Issues Program, (May 18, 1995)

Oct. 15, 2012

“German television and the press (especially the tabloids) dwelled on McMartin with almost the same intensity as did the U.S. media….The impact was predictable: an immediate, steep increase in the number of abuse claims by children and their parents….

“In the city of Muenster…. children (at a Montessori school) accused persons totally removed from the setting, including taxi drivers, and talked about coffins, mortuaries, trap doors, chaining and secret subterranean vaults. The panic spread to other schools.

“Finally, the (Montessori) investigation, which lasted from 1990 to 1993, resulted in dismissal for lack of evidence. A key role was played by a level-headed psychologist who submitted an analysis of the children and their parents forming a ‘group mind’ that had evolved through mutually reinforcing suggestion.

“A warning for the modern world: When analyzing children’s allegations, we also must analyze the role of the modern mass media, not only within national boundaries….”

– From “Witch-Children: From Salem Witch-Hunts to Modern Courtrooms”  by Hans Sebald (1995)

Nov. 27, 2019

Betsy Kelly is paroled from the Correctional Institution for Women in Raleigh.

In January she accepted a plea of “no contest” and a sentence of seven years in prison. Since she had already served two years and two weeks in jail, she became eligible for parole almost immediately. But Assistant Attorney General Bill Hart, fuming over her unwavering insistence that she was innocent, reneged on an agreement not to challenge her release, and the Parole Commission kept her imprisoned another 10 months.

Betsy Kelly’s no contest plea disqualifies her from the National Registry of Exonerations, but she is surely as innocent as the rest of the Edenton Seven – that is, completely innocent, Bill Hart be damned.