March 21, 2015

I spent several hours Friday at Duke University Law School listening to experts detail “Evolving Trends in Forensic Science.”

Fascinating. Topics ranged from the effects of sleep deprivation on jurors’ decision-making to the use of cell tower evidence to determine suspect location. But I was wedged into an auditorium otherwise full of lawyers to hear pediatrician Cynthia Brown and defense attorneys Mark Montgomery and Lisa Miles outline the latest standards for medical exams in cases of suspected child abuse. The good news – if you’re being wrongfully prosecuted in 2015 – is that those standards have become dramatically more specific and sophisticated.

If, however, you were wrongfully prosecuted in 1987, then the fruits of that scientific progress remain maddeningly out of reach.  Waiting for me when I returned home Friday was a letter from Junior Chandler:

“April 15 will be 28 yrs – nearly half my life, all because of lies when I did no crime. It’s a shame & disgrace to the whole N.C. justice system, not only to do this but never to be willing to say they were wrong….”

Aug. 10, 2015

Since I undertook this blog in 2011, I’ve been waiting for a mass-market book that recalls the “satanic ritual abuse” day-care era with authority, insight and thoroughness.

“We Believe the Children: A Moral Panic in the 1980s” comes pretty darn close to meeting that standard. (I do wish author Richard Beck had addressed the significant post-panic contributions of Richard Noll and Allen Frances.)

I’ll be posting excerpts from the book and later an interview with Beck.

Meanwhile, I’ve been pleased to see the reviews in the news media – so far, all largely appreciative.

 “…This book does a devil of a job correcting… all the lies and self-deceptions, so credulously believed in the 1980s….”

– From “Child Abuse Cases Endure as Lessons in Hysteria” by Mark Oppenheimer in The New York Times (Aug. 6)

“ ‘We Believe the Children’ should serve to remind us of the dangers of the ‘we must believe the victim’ mindset in the case of any criminal offense. A faith-based pursuit of justice can lead to a miscarriage of justice.”

 – From  “What Fueled the Child Sex Abuse Scandal That Never Was?” by Lizzie Crocker at the Daily Beast (Aug. 3)

“ ‘We Believe the Children’ reveals the various combinations of ignorance, venality, arrogance and zealotry that characterized the major players who fueled the moral panic.”

– From “A Very Model Moral Panic” by Carol Tavris in the Wall Street Journal  (Aug. 7)

Here also is a radio interview with Beck and – inevitably – a response from witch-hunt denier Ross Cheit.

July 11, 2014

“….  As you might imagine, I had not had reason to think about the Little Rascals case until your email arrived.  Yes, I was very interested in the case at the time, but had no role or authority to intervene. (See governor’s 1991 response to letter writers.) The arrests and charges were highly publicized, as were the proceedings of the trial, upon which the two accused were convicted.  So, like most citizens, I felt a compulsion to follow the case, at least insofar as the news coverage.

“My recollection is that both the horrible accusations and the contrary indications of coached and imaginative testimony of the children were featured in the coverage….   Being very familiar with Arthur Miller’s brilliant drama, ‘The Crucible,’ I was aware of the possibility of childish fantasy passing as falsely condemning testimony.  From a distance, most readers probably shared the concern, ‘What if it were true?’

“I do not recall whether the defense attorneys contacted my office in an appeal for clemency in 1991-1992.  Had they done so, they would have been advised that my practice was to let the appellate courts complete their judicial review before considering clemency.  This was complete in 1995 when the NC Supreme Court declined to review the finding by the Court of Appeals of trial error, at which time there would be no cause for Governor Hunt to intervene.  I have great respect for the judgment and integrity of then Chief Justice Burleigh Mitchell, and that would settle the legal principles of the matter for me.

“I can only wonder what conclusion I might have reached had the appeal for clemency been properly before me.  My approach in such cases was to meet separately with advocates on both sides, without restricting the nature or style of what they had to say.  I would make my decision based on corroborated evidence and the trial record, without following its standards for disqualifying some evidence.  I gave attention to two main standards: (a) whether the punishment was suited to the nature of the crime, and (b) whether there was doubt as to the guilt of the person convicted….

“I believe your cause is to persuade the Governor to issue a Pardon of Innocence for Bob Kelly and Dawn Wilson.  It may be difficult to produce exculpatory evidence several decades after the events.  You did not say whether Mr. Kelly and/or Ms. Wilson wish to return to that gauntlet, considering the degree to which they have restored their lives.  If they do, it would my hope that Governor McCrory and his counsel would weigh the two guidelines cited above, although no Governor is bound in clemency matters by any precedent of his predecessors.  While it can be difficult to prove a negative, it would help your cause if there were former accusers now in their thirties who have recanted the accusations of their childhood.  Otherwise, the appellate finding of procedural error alone might not be sufficient.”

– From a letter from former Gov. Jim Martin responding to my question about his recollections of the Little Rascals Day Care case

As welcome as a gubernatorial pardon would be, my hopes for the Edenton Seven are more modest:  a “statement of innocence” from the governor or attorney general similar to that given the defendants in the Duke lacrosse case.

If only the Little Rascals prosecutors had been as familiar with “The Crucible” as was the governor….

Sept. 9, 2016

“Strange what we worry about when it comes to our children. A great deal of the culture-war politics of the 1980s consisted of theatrical wailing about threats to our children that were either entirely made up or wildly exaggerated: The boys in ‘Stranger Things’ love to play Dungeons & Dragons, and, in a rare oversight, the series does not even touch on the minor cultural panic surrounding that game in places such as small-town Indiana, where D&D’s supernatural elements sparked terrified tales of occult experimentation.

“It’s not for nothing that this came around the same time as the Salem-style mass hysteria over ‘Satanic ritual abuse’ at the nation’s child-care centers, with fanciful worries about Luciferian cults obscuring the more straightforward anxiety associated with abandoning one’s children to child-care facilities. Yesterday’s Satanic cultists and Alar [a controversial apple growth inhibitor] are today’s online predators and brain-scrambling vaccinations….”

– From “Familiar Things: The TV series ‘Stranger Things’ portrays family breakdown yesterday and today” by Kevin D. Williamson in National Review (Aug. 29)

…and clowns?