May 5, 2016

“Psychologists have long recognized that human memory is highly fallible. Hugo Münsterberg taught in one of the first American psychology departments, at Harvard. In a 1908 book called ‘On the Witness Stand,’ he argued that, because people could not know when their memories had deceived them, the legal system’s safeguards against lying – oaths, penalties for perjury, and so on – were ineffective.

“He expected that teachers, doctors, and politicians would all be eager to reform their fields. ‘The lawyer alone is obdurate,’ Münsterberg wrote.”

– From “Recognition: How a travesty led to criminal-justice innovation in Texas” by Paul Kix in the New Yorker (Jan. 18)

Dr. Munsterberg saw clearly the stubbornness of lawyers, even if he may have overestimated the open-mindedness of those other callings.

Dec. 26, 2011

“When I saw ‘Innocence Lost’ on PBS, I was outraged. The defendants received a bad deal from the state of North Carolina….

“Thank you for building and maintaining this site. Someone needs to keep telling the defendants’ story. I’m glad to see Mr. Kelly stayed strong and moved on with his life.”

– From South Carolina reader Clarence Lankford

Thanks for writing, Clarence. “Stayed strong and moved on” is an apt description of Bob Kelly. When I called last week to wish him Merry Christmas, he laughed and said, “For me, it’s always Christmas.”

May 18, 2016

Even where (wrongful imprisonment) compensation laws exist, they can be badly flawed. Most states, like Louisiana, place the burden on people who were wrongly convicted to prove their innocence before any payment is made. Several states offer embarrassingly small payouts…. Others have laws riddled with unreasonable restrictions…. Some refuse to pay anyone who pleaded guilty or who confessed to a crime he or she did not commit, despite evidence that many innocent people do both….”

– From “Paying for Years Lost Behind Bars,” editorial in the New York Times (May 18)

And some states – well, actually, just one – have governors who withhold compensation for nine months while gratuitously reinvestigating a DNA exoneration.

July 10, 2014

“Thank you for your letter expressing your concerns about the prosecution of the Little Rascals Day Care Center personnel in Chowan County. Although this matter is outside my jurisdiction as head of the executive branch, I appreciate your interest in the administration of justice in North Carolina….

“I would suggest that it might be appropriate to wait until after the trial when all the evidence has been heard before reaching conclusions about the correctness of actions taken by (District Attorney H.P. Williams) and the court.

“North Carolina has had a long history of evenhandedness in the administration of justice, and I am confident that the tradition continues to be in effect. Nonetheless, if you wish to express your concerns directly to the District Attorney, his address is…..”

– From Gov. Jim Martin’s response to PBS viewers appalled by the first installment of “Innocence Lost” (May 7, 1991)

Last week I found in the State Archives in Raleigh about a dozen letters beseeching Gov. Martin to look into the case. Although significantly less heated than those addressing the mayor of Edenton, the letters expressed alarm about the plight of the Edenton Seven:

“As a member of Amnesty International, I write letters to officials of foreign governments, many of them without democratic governments or traditions, urging them to look into the cases of people being unjustly treated…. (In Edenton) one fact cannot be ignored: Defendants have been held in jail without a trial for close to two years….”

– Laura J. Reid, New York City

“I was disturbed by the incredibly high bonds recommended by the District Attorney and allowed by the Judge…. I would hope that you will personally intervene to request judicial review of the bonds set….”

– Steven J. Edwards, Decatur, Ga.

“As a former teacher, I can assure you that children – especially young children – can easily be coaxed, cajoled or pressured into say just about anything an adult might wish them to say.”

– S.T. Reynolds, Woodland, Calif.

I have asked Gov. Martin, now retired and living at Lake Norman, to discuss his views of the Little Rascals case both then and now. I’ll be posting his response soon.