March 1, 2013

“Now, you can ask yourself why did the jury believe these things? How could the jury believe that, as in the Amirault (day-care ritual-abuse) case, old Mrs. Amirault, one of the most upright of citizens, had suddenly turned at the age of 67 into a child molester who raped children?

“She was accused and convicted of inserting a stick into the body orifice of a little boy, tied him to a tree stark naked in front of everyone, in front of the house in Massachusetts, and the children all attested to this, the ones that were part of the case. Now, who would believe this?…

“But if you have a prosecutor who tells the jury, ‘Here are all of these brave children. These brave children have come forward to ask that you credit their story because they have endured so much suffering, and if you don’t do this, you’re betraying the children’ — it is not easy to find a jury that is stalwart enough to say, ‘Hey, you know, this really is a pile of nonsense.’”

– From a C-SPAN “Booknotes” interview with Dorothy Rabinowitz, author of “No Crueler Tyrannies: Accusation, False Witness and Other Terrors of Our Times” (May 4, 2003).

Sept. 24, 2012

The February 2012 special issue of the Journal of Child Sexual Abuse is devoted entirely to “Contested Issues in the Evaluation of Child Sexual Abuse Allegations.”

Ritual-abuse holdouts Kathleen Coulborn Faller and Mark D. Everson use the issue to vigorously push back against calls for greater diagnostic skepticism.

The object of their displeasure is “The Evaluation of Child Sexual Abuse Allegations: A Comprehensive Guide to Assessment and Testimony” (2009), edited by the late Kathryn Kuehnle and Mary Connell. Contributors to the Kuehnle-Connell volume advocate more reliance on forensic science and less on “unverified methods or conjecture” of the kind that enabled prosecution of the Edenton Seven. By contrast, Everson and Faller can be counted on to stretch the bounds of prosecution-worthy evidence, from finding “clinical usefulness” in anatomical dolls to granting universal credibility to child-witnesses.

From Everson’s response in the journal:

“Many critics of current forensic practice (emphasize) specificity over sensitivity…. Specificity (minimizing inclusion of false cases) and sensitivity (maximizing inclusion of true cases) are counterbalancing indices of decision accuracy. Favoring specificity over sensitivity means that overdiagnosing (child sexual abuse) is considered a more serious concern than failing to substantiate true cases of abuse….”

Yes, I’ll admit it: I consider the perils of overdiagnosis – putting innocent people in prison – much worse than those of underdiagnosis – letting a possible abuser go free, at least temporarily. However much Everson and Faller might wish otherwise, our system of justice does stipulate “reasonable doubt.”

June 4, 2015

“Gov. Pat McCrory on Thursday pardoned two half-brothers who were exonerated of murder after spending three decades in prison.

“The governor took nine months to make the decision….”

– From “Governor pardons McCollum, Brown” by Craig Jarvis in the Raleigh News & Observer  (June 4)

Henry McCollum and Leon Brown, both intellectually disabled and now destitute, had been declared innocent last year by a Superior Court judge. But that exoneration, based on DNA evidence from the crime scene, wasn’t good enough for the governor, and even now the statement accompanying his pardon of innocence is lukewarm at best:

“It is difficult for anyone to know for certain what happened the night of Sabrina Buie’s murder…. I know there are differing opinions about this case and who is responsible….”

McCollum and Brown now qualify for $50,000 for each year they were imprisoned, up to a maximum of $750,000 – unless McCrory decides that process demands further investigation as well.

Read more here.

Jan. 20, 2012

Although the West Memphis Three weren’t day care workers, their notorious case – most recently updated in HBO’s “Paradise Lost 3: Purgatory” – holds obvious parallels to that of the Edenton 7.

In both courtrooms voodoo justice ruled.

Most poignant to me, however, is that prosecutors in Arkansas and North Carolina shared a dedication to ensuring the defendants’ long-overdue release bore the least possible resemblance to exoneration.

In August 2011 the West Memphis Three were required to enter an Alford plea, maintaining their innocence but acknowledging that sufficient evidence existed to convict them.

On May 23, 1997, Nancy Lamb announced the decision not to challenge the overturned convictions of Bob Kelly and Dawn Wilson in order to “allow wounds to heal…. The paramount thing is not having to drag these children through this again.” Her timing seemed aimed – futilely, as it turned out – at averting the national outrage that would come four days later with the airing of the final episode of “Innocence Lost.”

Two years later, when the last charges against Kelly were dismissed, here’s how Joseph Neff of the News & Observer described the scene:

“The prosecutors in the longest, most expensive criminal case in North Carolina history picked a day when all attention was focused elsewhere to quietly throw in the towel.

“It was Sept. 15, as Hurricane Floyd churned northward toward landfall the next day, that Assistant District Attorney Nancy Lamb filed a two-page document with the Clerk of Superior Court in Edenton, dismissing eight counts of sexual abuse against Robert Kelly.”