Aug. 17, 2012

“I’ve wondered how the prosecutors (in ritual-abuse day-care cases) could live with themselves.

“Says Debbie Nathan (coauthor of “Satan’s Silence: Ritual Abuse and the Making of a Modern American Witch Hunt”): ‘There was a time – and it lasted eight or nine years – when there was an entire body of expert opinion that these things could happen.’ It was a time, she says, when pseudoscience had raced ahead of science, when best-selling books that had yet to be contradicted asserted that the inability to remember a trauma was the strongest proof of it, when doctors trying to be helpful established as a baseline a model virginal hymen so perfectly smooth and shaped that it allowed any actual hymen to be construed as traumatized.

“ ‘Our culture is still really atavistic,’ says Nathan, ‘but there’s an overlay of science on it. Mix the totally primeval stuff with science and you’ve got this mix that can’t be beat.’ Prosecutors, she says, ‘are just as naive as anyone else, but they also know how to sway people. They have all the techniques down pat. “Suffer the little children.” “Innocence defiled.” “Worse than murder.” ‘

“But why, as science and truth become clearer, is it so hard for so many prosecutors to recant?…  ‘Maybe it’s because the whole process of constructing one of these innocent people as a really demonically evil sexual pervert who sadistically violates lots of kids – the whole process of constructing this character on a real person is torture. You have to be very invasive. It’s a very sadistic enterprise. You become like a torturer.’ ”

– From “Why Can’t They Admit They Were Wrong?” by John Conroy
in the Chicago Reader (Aug. 1, 2003)

Sept. 2, 2013

“That power (of clemency), which the Constitution explicitly grants to the president, has always served as an indispensable check on the injustices of the legal system and as a means of demonstrating forgiveness where it is called for. It was once used freely; presidents issued more than 10,000 grants of clemency between 1885 and 1930 alone. But mercy is a four-letter word in an era when politicians have competed to see who can be toughest on crime….

“Meanwhile, President Obama’s use of the pardon power remains historically low. In four and a half years, he has received almost 10,000 applications for clemency and has granted just 39 pardons and one sentence commutation. No one seems to know why some requests are granted and others denied….”

– From “Pardon Rates Remain Low,” editorial in the New York Times (Aug. 21, 2013

Pardons have become scarce in North Carolina as well. In her last week as governor, Bev Perdue pardoned the Wilmington 10, but not the Edenton Seven – or anyone else, for that matter.

Perdue left office without commenting on the dozens of clemency applications still on her desk.  (Her willingness to forgive contrasts with that of previous governors, most dramatically Charles Brantley Aycock, who between 1901 and 1905 granted no fewer than 369 pardons.)

Among those applications Perdue didn’t address was Junior Chandler’s.

Now there’s a new governor, and Junior’s brother Billy tells me a renewed effort is being made to obtain clemency. Even if Junior were guilty – which he obviously isn’t – shouldn’t 26 years behind bars be punishment enough?

Dec. 16, 2015

On this day 25 years ago: Bonds for Little Rascals employees Robin Byrum and Dawn Wilson are reduced to a still excessive $200,000 – Byrum’s from $500,000, Wilson’s from $880,000.

Byrum will be released four days later, Wilson not for eight weeks.

Because she went to trial and the jury returned a guilty verdict (eventually overturned), Wilson’s story is much better known.

But Byrum suffered her own coercive torture at the hands of prosecutors before charges were dropped in 1996.

Nineteen years old when she was arrested in January 1990, she spent almost a year in jail, leaving her 7-month-old baby in the care of her husband. Had she agreed to testify against Bob Kelly, she could have walked out a free woman – and mother.

In “Innocence Lost: The Plea” (1997), Byrum explained why she had been tempted by but repeatedly refused the prosecutors’ deal:

“…. I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I (said I) did something when I didn’t do it.”

July 20, 2016

“Orr, a former state Supreme Court justice… angered party officials when he told a WRAL TV reporter that the nominee was ‘singularly unqualified to lead this country.’

State GOP Executive Director Dallas Woodhouse said Orr ‘hasn’t been a good Republican for a long time.’

“Orr said, ‘If I’d know there was some oath of loyalty, some code of omerta, where I couldn’t say anything against Trump, I probably wouldn’t have come.’”

– From “One NC delegate leaves GOP convention after criticizing Donald Trump” by Jim Morrill in the Charlotte Observer (July 19)

Orr’s willingness to break from the herd will be tested mightily in his efforts to undertake an external evaluation of the N.C. State Bar, which so eagerly finds ethics violations among innocence project lawyers but almost never among prosecutors….

Footnote: To the surprise of few, the N.C. Conference of District Attorneys supports restrictions on release of police body cameras and dashboard recordings.