May 23, 2014

“….The widespread belief that sexual abuse of children is endemic to society is a relatively new notion. In fact, it can be traced to a particular moment in history: April 17, 1971.

“On that day the New York Radical Feminists, a group that at its height boasted no more than 400 members, held a groundbreaking conference on rape. For two days, women held forth on a subject long considered taboo…. A speech given by Florence Rush (was) the highlight of the event.

“Rush was an unlikely star for such a gathering. A middle-aged social worker, who had never been raped, she outlined statistical studies suggesting that sexual abuse of children, including incest, was a more widespread problem than was generally recognized….

“Before Rush’s speech, feminists had given little thought to incest. Author Andrea Dworkin recalled that before the conference ‘we never had any idea how common it was.’ In the decades following Rush’s talk, feminists more than made up for their earlier unawareness, competing with each other in elevating the number of victims….

“Believe the women. Believe the children. These refrains became the mantra of the incest movement. While the women’s movement would be enormously successful in turning sexual abuse – including incest – into a major public issue, women, ironically, would become the chief victims of the hysteria it generated.

“The obsession with this supposedly rampant sexual abuse played out in two ways: ‘Believe the women’ became the repressed memory hysteria. ‘Believe the children’ turned into the day-care hysteria….”

– From “Sex, Lies, and Audiotapes” by Rael Jean Isaac in the Women’s Quarterly (summer 2001) text cache

The road to the moral panic that would sweep up innocent day-care providers from North Carolina to New Zealand was a long one. If Florence Rush’s 1971 speech was one milestone early on, then perhaps the still-contentious 1988 conference of the International Society for the Study of Multiple Personality and Dissociation could be seen as the beginning of the end – although the allegations against the Edenton Seven weren’t yet even a gleam in a therapist’s eye….

Sept. 2, 2013

“That power (of clemency), which the Constitution explicitly grants to the president, has always served as an indispensable check on the injustices of the legal system and as a means of demonstrating forgiveness where it is called for. It was once used freely; presidents issued more than 10,000 grants of clemency between 1885 and 1930 alone. But mercy is a four-letter word in an era when politicians have competed to see who can be toughest on crime….

“Meanwhile, President Obama’s use of the pardon power remains historically low. In four and a half years, he has received almost 10,000 applications for clemency and has granted just 39 pardons and one sentence commutation. No one seems to know why some requests are granted and others denied….”

– From “Pardon Rates Remain Low,” editorial in the New York Times (Aug. 21, 2013

Pardons have become scarce in North Carolina as well. In her last week as governor, Bev Perdue pardoned the Wilmington 10, but not the Edenton Seven – or anyone else, for that matter.

Perdue left office without commenting on the dozens of clemency applications still on her desk.  (Her willingness to forgive contrasts with that of previous governors, most dramatically Charles Brantley Aycock, who between 1901 and 1905 granted no fewer than 369 pardons.)

Among those applications Perdue didn’t address was Junior Chandler’s.

Now there’s a new governor, and Junior’s brother Billy tells me a renewed effort is being made to obtain clemency. Even if Junior were guilty – which he obviously isn’t – shouldn’t 26 years behind bars be punishment enough?

Aug. 27, 2017

In 1999, when the last charges against Bob Kelly were dismissed, here’s how Joseph Neff of the News & Observer described the scene:

“The prosecutors in the longest, most expensive criminal case in North Carolina history picked a day when all attention was focused elsewhere to quietly throw in the towel.

“It was Sept. 15, as Hurricane Floyd churned northward toward landfall the next day, that Assistant District Attorney Nancy Lamb filed a two-page document with the Clerk of Superior Court in Edenton, dismissing eight counts of sexual abuse against Robert Kelly.”

July 26, 2013

Rereading appellate defender Mark Montgomery’s thunderously compelling brief on behalf of Bob Kelly always delivers something I had either passed over earlier or forgotten. This time it was that

“(Jimmy) and Nancy Smith also declined to have their son Judson evaluated by one of the four therapists who saw the other children. By the time of trial, both Mr. and Ms. Smith had been accused by several children as having participated in the abuse. (One of the child-witnesses) said of Nancy Smith, ‘She’s Miss Betsy’s sister, so she must be mean.’ ”

The Smiths’ close call highlights once again the terrible randomness of the Little Rascals prosecutors’ accusation process.

How challenging the prosecutors’ decision-making must have been: Which child-witness had been adequately manipulated, and which couldn’t be counted on to earnestly describe the sharks, the butcher knives and the dead babies? Which innocent adult was vulnerable, and which might strike jurors as just too unlikely a serial ritual-abuser?

Nancy Smith (Barrow) recalls today that “I had NO idea I had been accused until working with (defense attorneys) Mike Spivey and Jeff Miller for Bob’s trial.  I happened to read some notes from police interviews and saw my name more than once….

“No member of my family – mother, father, Laura, Leslie, or Judson – was ever interviewed by police or prosecutors.  Jimmy and I talked with Brenda Toppin one afternoon in her office.  She only wanted to know about the state of Bob and Betsy’s marriage.”