March 13, 2013

In researching his master’s thesis, “Modern Witch Hunts: How Media Have Mishandled Ritual Child-Sex-Abuse Cases,” UNC Chapel Hill journalism student David O. Loomis focused on the inadequate coverage provided by the weekly Chowan Herald in Edenton.

“North Carolina law,” Loomis acknowledged, “prohibits official disclosure of information about ongoing criminal investigations. Under the circumstances, gathering information about questionable interrogations conducted in therapy sessions would be a difficult and complex undertaking for a small reporting staff on a tight budget….”

The comments he elicited from Jack D. Grove, former managing editor of the Herald, reflect the challenge stories such as Little Rascals present tiny newsrooms – and the severely limited guidance they are able to make available to readers in forming opinions:

On his journalistic experience: “I was never a professional reporter.”

On being almost three months behind the Elizabeth City Advance in starting to cover the story: “In a small town like Edenton, reputations are at stake. Reputations are everything in a small town.”

On relations with prosecutors and police: “The district attorney became our prime source…. I didn’t ask questions of the Police Department at all, because I knew what the answers were going to be…. I did ask Brenda Toppin, who I did not know was lead investigator, but I got an uncharacteristic cold shoulder. She said, ‘I can’t comment on an ongoing investigation.’ That was interesting.”

On the newsroom budget: “I could only make long-distance calls when the boss would let me. He never refused. But he had to approve.”

 On outside pressure: “I was approached by several influential businessmen who clouded up and rained all over me for putting a (Little Rascals) story on the back page. I said, ‘Go tell Pete Manning (the publisher), don’t tell me.’ These businessmen, almost all parents of Little Rascals children, went into a closed-door meeting with Pete. We never again had a story anywhere but on the front page after that.”

Courtesy of David Loomis, “Modern Witch Hunts” is now available on the Bookshelf of case materials on this website.

March 12, 2012

After reading thousands of pages of Little Rascals coverage, shouldn’t I have become inured to the prosecution’s gratuitous brutality?

Not yet.

On August 11, 1993, Dawn Wilson, serving a life sentence for child sexual abuse, went back to court to seek release under house arrest. In six days she would give birth to her second child.

Nancy Lamb and Bill Hart could’ve responded with any number of temperate legal arguments against her release. Instead….

“She made a quite irresponsible decision in 1992 to become pregnant early in her trial,” Lamb said. “She was thinking only of herself….”

“Dawn Wilson… simply has no character…,” added Hart. “Is she the kind of mother figure who ought to be bonding with a second out-of-wedlock child?”

Judge Marsh McLelland granted Wilson’s request, but delays in paperwork and payment of a $250,000 bond kept mother and son in women’s prison another month.

In 1995 the N.C. Court of Appeals overturned her conviction. And then of course the prosecutors rushed to apologize to Dawn Wilson for their disgraceful vilification.

May 22, 2013

“One of the biggest strengths for the prosecution was that these children would go home every night to a parent or parents fully aligned with the prosecution theory. The story line would be reinforced at dinner, bathtime, playtime, bedtime….

“The children were, of course, separated from further contact with the accused day care workers, and by the time of trial their young memories of the actual person had been replaced by the fictional person, if they could remember who the perpetrators were supposed to be at all.

“At one point, a Little Rascals child pointed to a picture of the sheriff as one of the defendants; this identification, of course, was selectively ignored.”

– From “The Metanarrative of Suspicion in Late Twentieth-Century America” by Sandra Baringer (2004)

Edenton’s mayor was also among the initially accused, who numbered either 20, 24 or “dozens,” depending on the source. The inevitable question: How did prosecutors come to choose the Edenton Seven? Who lucked out – and why?

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.