Oct. 12, 2012

The exoneration of Willie Grimes warms my heart, and not just because the 66-year-old parolee has become “Free at last!” after a 1987 rape conviction in Hickory.

As often lamented on this site, prosecutors such as those in the Little Rascals case simply refuse to acknowledge, much less take responsibility for their mistakes.

In the Grimes case, however, District Attorney Jay Gaither told the Innocence Inquiry Commission panel, “The State cannot argue any conclusion other than for innocence in the case of Willie Grimes,” then rested the state’s case and sat down.

Afterward, he explained that “In this week’s presentation of evidence we counted no less than 35 pieces of evidence and testimony in support of innocence…. The fact that the three-judge panel was so emphatic in its conclusion and decision only strengthens the confidence I have in our decision.”

But Gaither went even further, on camera and rebroadcast by WSOC-TV: “On behalf of the district attorneys of North Carolina, I want to offer an apology to Willie Grimes.”

Yes – an apology!

Although the Grimes conviction occurred long before Gaither took office in 2002, DAs often feel compelled to defend even their predecessors’ performance. As former New York prosecutor Bennett Gershman has observed, “The prosecutor can’t do anything that undermines the public’s confidence in the prosecutor’s office. Once the public begins to doubt that prosecutors convict guilty people – that there may be mistakes in the system – that undermines confidence in the prosecutor….”

Gaither took the opposite approach. “You don’t just brush off 24 years of a man’s life and go on,” he told me Wednesday. “A series of events denied Mr. Grimes a fair trial. Closure was required.

“I wanted the public, as well as Mr. Grimes, to know that we weren’t just beat down, but that we were actually sorry.” (Click Gaither’s picture above to watch the broadcast that includes video of the courtroom apology.)

Also notable is how Gaither framed his apology: “I was speaking not so much for district attorneys as individuals, as for the State of North Carolina…. Only 44 of us have that right to say ‘The state says….’ ”

In this case, that right was admirably used. Would that it happened more often.

Aug. 3, 2012

“Betty Ann Phillips, who had worked at the day care center, said (in the first episode of “Innocence Lost’) that she had complained to (District Attorney H.P.) Williams when she found out that indictments had been filed in her child’s name.

“She said Williams had advised her ‘not to go out on the street and say you’re unhappy with what we have done.’

“‘And then in the next sentence he said, “Because you know that all of the children are saying that you were the lookout while this was going on.”’

“In a telephone interview, Williams did not dispute that he had told Mrs. Phillips he had evidence from other children that she had acted as a lookout, but… if he made such a statement to her it was not meant as a threat.”

– The Associated Press, May 9, 1991

Dec. 3, 2014

“I was in graduate school in Southern California 30 years ago when the McMartin Preschool scandal erupted, featuring tales of Satanic rituals, underground tunnels, group sex with animals and children, and various acrobatic acts that would challenge Cirque du Soleil, all believed credulously by the media and California prosecutors….

“There was something so literally incredible about (such) ‘Satanic ritual abuse’ cults that serious doubts and questions should have been raised right at the outset.

“Some hard questions are starting to be asked about the latest sequel to the Salem witch trials – the college campus ‘rape culture’ hysteria…. The Rolling Stone story about an especially brutal gang rape at the University of Virginia is provoking considerable backlash– with a few critics suggesting the entire story might be a hoax ….

“It took years for the ‘Satanic child abuse crisis’ to collapse, and several months for the Duke lacrosse scandal to turn around. What is interesting about the UVa story is how quickly it is facing credible challenge….”

– From “The Spirit of Salem Lives On” by Steven Hayward at powerlineblog.com (Dec. 2)

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.”