June 4, 2015

“Gov. Pat McCrory on Thursday pardoned two half-brothers who were exonerated of murder after spending three decades in prison.

“The governor took nine months to make the decision….”

– From “Governor pardons McCollum, Brown” by Craig Jarvis in the Raleigh News & Observer  (June 4)

Henry McCollum and Leon Brown, both intellectually disabled and now destitute, had been declared innocent last year by a Superior Court judge. But that exoneration, based on DNA evidence from the crime scene, wasn’t good enough for the governor, and even now the statement accompanying his pardon of innocence is lukewarm at best:

“It is difficult for anyone to know for certain what happened the night of Sabrina Buie’s murder…. I know there are differing opinions about this case and who is responsible….”

McCollum and Brown now qualify for $50,000 for each year they were imprisoned, up to a maximum of $750,000 – unless McCrory decides that process demands further investigation as well.

Read more here.

Aug. 19, 2016

The jury is empaneled in Farmville, N.C., where Bob Kelly’s trial has been moved because of pretrial publicity in Edenton.

Dennis T. Ray would turn out to be a major mischief-maker both inside and outside the jury room. Ray read aloud from a contraband Redbook article on how to identify child molesters,  disobeyed the court’s instruction not to visit the alleged crime scenes, reported that a jailhouse snitch had shared personal knowledge of Kelly’s guilt and displayed a supposed “magic key” referred to by several child witnesses.

Unfortunately, Judge Marsh McLelland told defense attorneys he didn’t consider Ray’s rogue behavior – or that of a second juror, who dramatically revealed during deliberations that he himself had been abused as a child – to be a “tremendous problem.”

At least three jurors would later express deep doubts about the guilty verdict.

Roswell Streeter, at 28 the youngest juror, would write:

“I’ll say this to the last day of my life, that the evidence that came through the courtroom did not prove that Bob Kelly committed any kind of sex abuse.” He told “Frontline” he had felt intimidated and confused.

Mary Nichols was suffering from advanced leukemia,  and Marvin Shackelford had suffered two heart attacks. Both acknowledged afterward that worries about their health had moved them to vote guilty simply to cut short deliberations and go home. It had been nine months since the trial began.

Dec. 17, 2012

“(They) are arrogant and self-centered, and feel privileged and entitled. They have a grandiose, exaggerated sense of self-importance and they are primarily motivated by self-serving goals. They seek power over others and will manipulate, exploit, deceive, con, or otherwise take advantage of others, in order to inflict harm or to achieve their goals. They are callous and have little empathy for others needs or feelings unless they coincide with their own. They show disregard for the rights, property, or safety of others and experience little or no remorse or guilt if they cause any harm or injury to others. They may act aggressively or sadistically toward others in pursuit of their personal agendas and appear to derive pleasure or satisfaction from humiliating, demeaning, dominating, or hurting others….”

The passage above, from the Diagnostic and Statistical Manual of Mental Disorders best describes

A. Psychopaths

B. Prosecutors of ritual-abuse day-care cases

C. Both A and B

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.