July 1, 2013

I noted last week the continuing unwillingness of law professor John E.B. Myers, widely published authority on child sex abuse, to express an opinion “regarding the guilt or innocence of any of the McMartin defendants.”

In this passage in “Child Protection in America” (2006), which Professor Myers graciously forwarded to me, he justifies his indecision on the case by pointing to claims of secret underground tunnels supposedly discovered (too late!) beneath the McMartin Preschool:

“Several McMartin parents, especially the indefatigable Jackie McGauley, hired an archeologist to excavate under the abandoned preschool. The archeologist conducted an excavation and issued an exhaustive report concluding there probably were tunnels. The tunnels had been backfilled with dirt, but McGauley pointed out that the Buckeys had months to fill in the tunnels after the preschool closed. I read the archeologist’s report and came away convinced. Yet, I shared the report with a colleague who was just as firmly convinced the report proves nothing.”

At the very least, this approach constitutes feckless “research.” To see the tunnel report thoroughly vaporized, Myers needed only to click on “The Dark Truth About the ‘Dark Tunnels of McMartin’ ” by John Earl (1995) or “What Was Under the McMartin Preschool?” by Joseph Wyatt (2002).

When the McMartin parents went digging for nonexistent tunnels, the term “truther” hadn’t yet entered the lexicon. Too bad.

Oct. 18, 2013

Because the Elizabeth City Daily Advance rejected my letter to the editor questioning its support of Nancy Lamb for district attorney, I’ve been posting comments in the online Advance, these two most recently:

Oct. 2: “It was no ‘technicality’ that led the North Carolina Court of Appeals to overturn the conviction of Bob Kelly (and of Dawn Wilson). The court focused on three glaring reversible errors in Kelly’s trial and implied it could have cited many more had that been needed. You can read the decision here.

“Little Rascals was only one of a wave of ‘ritual abuse’ day-care prosecutions during the ’80s and ’90s – virtually all of them based on hysteria rather than facts. You can read more here.

“Thank God, ‘Frontline’ put a national spotlight on the shameful abuse H.P. Williams, Bill Hart and Nancy Lamb – and their team of ill-trained therapists – were inflicting on the Edenton Seven, but the miscarriage of justice was clear even without it.”

Oct. 12: “Unfortunately, the most salient example of Nancy Lamb’s ‘ability to think for herself’ was her irrational, hysterical, unprofessional prosecution of the Little Rascals Day Care case. It would be easier to forgive her role in perpetuating the myth of ‘satanic ritual abuse’ in day cares were she finally able to admit her mistake and to apologize for crushing the lives of seven innocent defendants.”

After the death of District Attorney Frank Parrish, Gov. McCrory gave Lamb a 60-day appointment as interim DA. He is now deciding who should complete Parrish’s term. Next election for DA will be in November 2014.

Feb. 27, 2012

“One (change made by District Attorney Frank Parrish) was the assignment of Assistant District Attorney Nancy Lamb as ‘Chief Assistant District Attorney,’ making one of her duties ‘quality control’ and noting she will only continue to ‘try cases as necessary.’ ”

– From the Outer Banks Voice (Feb. 14, 2012)

“Quality control”? That’s hardly a gift that evinced itself in Lamb’s frenzied, hysterical prosecution of the Edenton Seven.

But her removal from the courtroom should be reassuring to innocent defendants throughout the First Judicial District.

Aug. 13, 2016

“A bill to increase criminal penalties for prosecutors who intentionally withhold or falsify evidence is headed to the [California] state Senate after being approved in committee.

“The measure by Assemblywoman Patty Lopez, D-San Fernando, would upgrade the violation from a misdemeanor to a felony for offending prosecutors. It’s already a felony for police officers to withhold or falsify evidence. The proposal provides for sentences of 16 months, two years and three years.

“The bill received the go-ahead from the Senate Appropriations Committee despite opposition from prosecution groups that say it is redundant and potentially costly.

“Opponents say that boosting the penalty for prosecutors would bog down the courts and that prosecutors already are subject to sanctions by the state Bar Association when they commit misconduct.

“Supporters argue that judges and the Bar rarely take action against offenders.”

– From “Bill boosting penalty for prosecutor misconduct gets OK” by Tony Saavedra in the Orange County Register (Aug. 11)

Is it possible that other states, such as California, aren’t as timid in disciplining prosecutors as is North Carolina?