May 8, 2015

“A new investigation by the governor into ‘culpability’ has some concerned that he may be caving to the political pressure inherent in the pardon process – particularly given the exhaustive review and judicial imprimatur that the (Henry) McCollum and (Leon) Brown cases have already received.

“The original prosecutor, Joe Freeman Britt, has publicly opposed any pardon for the men. ‘There is no doubt in my mind that they’re not entitled to a pardon, and there in no doubt in my mind that they’re not entitled to compensation for the taxpayers,’ he said in the March (16) New York Times story.

“But attorneys involved in the case and other who work in this area say that the governor’s work has already been done for him.

“ ‘A district attorney would not have consented to their innocence, and a judge would not have put innocence in their order, if there was any level of culpability,’ said Chris Mumma, executive director of the North Carolina Center on Actual Innocence….”

– From “Begging for a pardon: Why some of the wrongfully convicted could go penniless” by Sharon McCloskey at NC Policy Watch (May 6)

Now that Gov. McCrory has returned from the Global Gourmet Games, perhaps he is at last bringing his ‘culpability’ investigation to an end. But the question remains: Why did he open it in the first place? Why was it appropriate to add eight months to North Carolina’s brutal mistreatment of McCollum and Brown? Surely, it wasn’t an effort to satisfy the notorious Joe Freeman Britt!

June 20, 2012

“The Little Rascals case still remains the greatest travesty of justice I’ve ever been associated with or seen or even heard about… since like 1960.”

– Joe Cheshire, attorney for Bob and Betsy Kelly (Triangle Business Journal, 1998)

Nov. 8, 2014

“In the summer of 1989, I accepted my first job at a daily paper when The Daily Advance hired me to cover a two-county beat – Chowan and Perquimans. When I arrived, Bob Kelly had just been arrested and charged in about a dozen cases. My editor told me about it, almost in passing, and said, ‘You might want to keep an eye on it.’ I did, and for the next two years it consumed my life.

“I was 24 years old with a wife of two years and no children. I had no experience reporting on police and courts and was very naive as to how the system worked. As the case expanded I became convinced of the defendants’ guilt. Their lawyers wouldn’t let them talk and they were hard to reach in jail. Prosecutors were also tight-lipped, but some of the parents couldn’t stay that way.

“For two years all I had to go on were the stories of parents and what I believed to be a mountain of evidence in the hands of prosecutors. Shortly before Bob’s trial began, three important things happened. I finally got to interview two of the defendants (Robin Byrum and Scott Privott). Their stories were very convincing and I was no longer certain of their guilt. I was also promoted to an editing position and was no longer actively reporting on the case. I was in charge of the reporters who would. Also at this time the ‘Frontline’ show came out, pretty much blowing the lid off the prosecution’s case.

“As Bob Kelly’s trial unfolded, I found that the prosecution had little to no evidence. My faith in the case was weakened and I was surprised when Bob was convicted. Then another defendant (Dawn Wilson) fell and Bob’s wife Betsy Kelly pleaded no contest. That upset me because I was convinced she was innocent and I wanted her to fight and prove it.

“At this point in my life, I had become a parent and soon my first marriage would end. I returned home to Colorado but continued to follow the case from afar. I was happy when the convictions were overthrown and the other charges dropped. As a parent I could now see and understand that what was normal childhood behavior was being grossly misinterpreted as signs of child sex abuse.

“In hindsight, I feel bad for everyone involved in the case. Both sides went through hell. Most of all, though, I feel for the children. Their lives were altered and family and community dynamics changed by forces beyond their control and beyond reason.”

– Joe Southern, recalling his experience covering the Little Rascals case for the Elizabeth City Daily Advance

This 1991 piece, reprinted in a Del Rio, Texas, paper, seems to be reporter Southern’s lone Little Rascals story to survive online. He is now managing editor of The Sealy News in Sealy, Texas.

More recently, the Daily Advance has shown far less interest in the case – well, none, actually – or in Nancy Lamb’s responsibility for pursuing and prolonging it.

Feb. 1, 2012

The HBO documentary “Paradise Lost 3: Purgatory”  surely deserves its Oscar nomination, although the only edge it holds over Ofra Bikel’s “Innocence Lost” trilogy of the ’90s is its happy-tears finale: the three defendants walking out of prison.

After much lawyering, the West Memphis Three in August accepted an Alford plea that allowed them to go free,  while protecting the state of Arkansas from a wrongful-imprisonment  suit and the national embarrassment of a retrial.

I had to laugh at this exchange from the ensuing press conference:

Reporter: “Will the state continue to investigate this case if additional information is brought forth, or is the case closed?”

Prosecutor Scott Ellington: “I have no reason to believe there was anyone else involved in the homicides of these three children but the three defendants who pled guilty today.”

Defense attorney Dennis Riordon: “Does anyone believe that if the state had even the slightest continuing conviction they were guilty that it would have let these men go free today?”

If H.P. Williams Jr., Nancy Lamb and Bill Hart were watching – unlikely, given the spotlight shone on unjust prosecution – no doubt they would have admired Ellington’s resolve in the face of reality.