Feb. 15, 2012

I asked Mark Montgomery for an update on Junior Chandler’s latest appeal of his two life sentences for child sexual abuse:

“There are two prongs to the appeal. First, I am asking the N.C. Supreme Court to simply do the right thing by Junior. The Court said in 2010 that expert testimony like that in Junior’s case is (and was) inadmissible. That being the case, it is fundamentally unfair for Junior to be facing the rest of his life in prison, when many defendants have been freed because this sort of testimony was used against them at trial.

“Second, Junior’s lawyer objected to the testimony but did not raise the issue on appeal. I argued in a motion in Superior Court that the lawyer was ineffective for abandoning the issue. The Superior Court judge denied the motion without a hearing. If the Supreme Court will not itself set aside Junior’s convictions, it should at least require a hearing on trial counsel’s conduct.”

This is how the process works: “Petitions such as Junior’s go to one of the six associate justices. He or she decides what should be done and then presents the case to the court as a whole in a monthly (sort of) closed door meeting. The justices then vote on whether to grant the petition. If the Court grants the petition, it usually requires full briefs from both parties, but may decide the case of the basis of the petition and the State’s response alone.

“If it denies the petition, that’s the end of the road.”

The court could respond as early as April 13, according to this chart of petitions allowed and denied.

Oct. 29, 2015

“You have to be … inventive to brand yourself as a Halloween capital – extending a one-night affair into a monthlong celebration and inviting hundreds of thousands of visitors into your streets – when for centuries you were known as the community that put innocents to death for witchcraft. How did Salem, Mass., repackage a tragedy as a holiday, appointing itself ‘Witch City’ in the process?…

“About 200 years after the trials, a Salem silversmith issued a souvenir spoon, featuring a witch holding a broomstick. Other mementos followed. It was difficult to hit the right note: The Salem-based Parker Brothers company issued, then quickly discontinued, a witchcraft card game…. When Arthur Miller visited Salem in 1952, he discovered the subject was taboo….

“Meanwhile the city fell on hard times…. As if by magic, a different kind of enchantment arrived in the form of the ABC sitcom, ‘Bewitched.’ It seemed that an ancestor of Samantha, the main character, had been convicted of witchcraft during the trials….

“In Samantha’s wake, Salem recast its inglorious past, or at least some version of it…. The city transmuted its secret shame into its saving grace. In 1982 it introduced ‘Haunted Happenings,’ later extending the holiday into a four-week festival. ‘Salem owns Halloween like the North Pole owns Christmas,’ The Boston Globe declared….  Halloween is to some extent year-round in Salem, where you might well bump into a goblin in a sandwich shop in July.

“Three hundred years after the trials, Salem unveiled an elegant, understated memorial to the victims. Three hundred and thirteen years after the trials, it unveiled a gleaming statue of the ‘Bewitched’ star, Elizabeth Montgomery, on a broom. Not everyone liked the idea: A former historic district commissioner clucked that one might as well plant a likeness of Colonel Klink at Auschwitz. But the 1992 memorial was arguably not itself possible without ‘Bewitched.’ It isn’t easy to commemorate an atrocity. ABC’s domestic goddess had both laundered and folded the history….”

 – From “First, Kill the Witches. Then, Celebrate Them.” by Stacy Schiff in the New York Times (Oct. 24)

Edenton may lack the springboard of a popular sitcom, but this 1993 letter writer foresaw the tourism potential of remembering the Little Rascals case.  Proposals for a statue – or a spoon – anyone?

June 23, 2014

“The emphasis has got to be on the crime. Once you start using labels like satanic, sadistic or ritualistic, then you’re immediately raising a red flag…. Law enforcement, prosecutors, judges, mental health professionals and especially the general public begin to back off, because it’s so hard to believe these things happen…. We emphasized rape, sex offense, indecent liberties, crimes against nature…Those were the crimes that Bob Kelly was convicted of, those are what the jury heard evidence of….

“We let the defense attorneys bring out the sadistic and ritualistic….”

– From District Attorney H. P. Williams Jr.’s address to “From Heartbreak Through Healing: Facing the Reality of Sexual and Ritual Abuse of Children,” the first national convention of Believe the Children (April 2-4, 1993, in Arlington Heights, Ill.)

I transcribed Williams’ cautionary prosecutorial advice from audiotapes, so I can only imagine the scene on the speakers’ dais he shared with not only one of the Little Rascals mothers, but also Laura Buchanan, author of “Satan’s Child: A Survivor’s Story That Can Help Others Heal from Cultic Ritual Abuse.”

What must have Williams been thinking as Buchanan earnestly recalled that:

“We stood poised with knives in an incomprehensible world where children killed children….  Permitted to live until age four (my sister) was sacrificed by my parents…. My final programming, as a teenager, occurred on an autopsy table in the coroner’s office. A surgical procedure was staged and through a small incision in my scalp I was told that a surveillance device would be inserted into my brain. The supposed implant would be used at national headquarters to continuously monitor my thoughts. For decades the programming was extremely effective. Until the age of 44, I had no idea that my parents practiced satanism….”

With Bob Kelly and Dawn Wilson locked away, and the overturning of their convictions still two years away, DA Williams was riding high. But surely he must have experienced the slightest frisson of doubt when he saw Buchanan’s patent insanity being swallowed whole by the same audience that so enthusiastically applauded his case against the Edenton Seven.

Oct. 15, 2017

“Remember, [this fictional child sex abuse trial] happened during an odd time in criminal justice, when the public was convinced there were satanic cults all over the country.

“I attended a forensic psychology conference in the early ’90s, and I heard a so-called expert describe vast networks of these cults abusing children and even sacrificing babies. She claimed that a quarter of her patients were survivors of ritual abuse.

“All around the country there were criminal trials going on…. Unfortunately, many weren’t based on facts but on fear and superstition.”

–  Dr. Lawrence Zucker, a character in “I Know a Secret,” the latest Rizzoli and Isles thriller from Tess Gerritsen 

That conference sure sounds like the actual one at Kill Devil Hills that preceded Bob Kelly’s arrest by just months.

And the “so-called expert”? Well, here’s how Debbie Nathan and Michael Snedeker described Ann Wolbert Burgess in 2001 in “Satan’s Silence: Ritual Abuse and the Making of a  Modern American Witch Hunt”: “promoter of the use of children’s drawings to diagnose sexual abuse, developer of the idea of the sex ring, participant in developing the case that imprisoned the Amirault family and currently a researcher into the traumatic aftereffects of ritual abuse.”