March 9, 2017

“As a result of complaints, [scientific] journals have been posting notices of problems with Dr. [Carlo] Croce’s papers at a quickening pace. From just a handful of notices before 2013 – known as corrections, retractions and editors’ notices – the number has ballooned to at least 20, with at least three more on the way, according to journal editors….”

– From  “Years of Ethics Charges, but Star Cancer Researcher Gets a Pass” by James Glanz and Agustin Armendariz in the New York Times (March 8)

Yet another example of professional journals responding with new vigor to faulty articles.

By contrast, no retraction has ever appeared in those journals that lent credence to testimony by the prosecution’s expert witnesses during the day-care panic. Or perhaps some author or editor still wants to defend the likes of “Stress Responses of Children to Sexual Abuse and Ritualistic Abuse in Day Care Centers” and “Satanic Ritual Abuse: A Cause of Multiple Personality Disorder”?

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….”

May 26, 2016

“I would like to see more cooperation between prosecutors and defense attorneys in their efforts to achieve justice, particularly when there is a credible post-conviction claim of innocence.  The overloaded, underfunded, and often inefficient adversarial system doesn’t have to be the approach when common sense and a shared interest in justice can more quickly address injustices for the convicted and victims of crime.

“Prosecutorial conviction integrity units around the country have made that clear, but the North Carolina Conference of District Attorneys seems to be encouraging less cooperation, not more.”

– Christine Mumma, quoted by the North Carolina Advocates for Justice

Mumma, of course, has famously endured the wrath of prosecutors whose autocracy she challenged.

You can like the North Carolina Conference of District Attorneys on Facebook.

Or not.

June 17, 2013

“I don’t know if Bob Kelly and the staff of that now-infamous Edenton day care center abused those children… But I do know, beyond any reasonable doubt, that something is dreadfully wrong in that case, and I applaud the (N.C.) Court of Appeals ruling that ordered a new trial for Kelly and Kathryn Dawn Wilson. Everyone who cares about justice should join in a standing ovation for the court’s common-sense ruling.

“Fat chance of that.

“The prosecution, led by Attorney General Mike Easley, has already begun its campaign to discredit the ruling as a nitpicking exercise that found minor technicalities in the state’s longest and most expensive trial….”

– From “Justice unlikely for Kelly” by News & Observer columnist Dennis Rogers (May 9, 1995)

Easley said he would petition the N.C. Supreme Court to review the cases immediately: “The decision casts no doubt on the credibility of the children or the integrity of the investigation…. In both cases, the facts supporting the convictions were clear and overwhelming. (The appeals court) disregarded these facts and misapplied the law.”

The Wilson Daily Times opined that “Easley’s vow to appeal the overturning is futile, and he knows it. … Easley tried to play tough prosecutor… implying the convictions were thrown out because of technical indiscretions. But he well knows that the errors in the trials were substantial and egregious (and) made a mockery of justice.”

 Four months later, when the N.C. Supreme Court upheld the Court of Appeals, Easley had lost his bravado. “All prosecutors know that cases involving children weaken with age,” he said. “A retrial in this matter will be extremely difficult.”