June 13, 2012

“Actually, making a false memory is pretty easy.

“(Psychologist Elizabeth) Loftus describes a father convincing his daughter she’d gotten lost in a mall when she was five years old. At first, the daughter denied any memory of the event, but as the father provided more fake details – ‘Don’t you remember that I told you we would meet at the Tug Boat?’ – the daughter began to ‘remember’ and even provide details of her own. Eventually when her father said, ‘I was so scared,’ she responded, ‘Not as scared as I was!’…

“You can probably imagine the implications of false memory in the courtroom or on the therapist’s couch (which famously leads to the courtroom)….”

– From “How You Remember, How You Decide: Memory Part II”
by Garth Sundem in Psychology Today (October 6, 2010)

July 11, 2012

“And what did Doctor (Mark) Everson say what to look for? A coherent package that’s consistent. You look at the behavior and what the child says…. He talked about sexual acting out, coaxing sexual behavior, masturbation, fears, and anxieties. New fears that come up that aren’t developmentally appropriate for a child that age, such as a fear of men or a particular man, changes in their personality caused by stress like regressive behavior, bed wetting, clinginess, thumb sucking.

“And as I name these, I hope that you are sitting there remembering how many of these children so far have had these kinds of behaviors.”

– From prosecutor Nancy Lamb’s closing argument in the trial of Bob Kelly

“… What could be expected for ritually abused children? That vexing question prompted everyone involved in the McMartin Preschool case to look for symptoms, and in their urgency, to mistake normal developmentally-based behaviors, quirky idiosyncrasies and even the iatrogenic effects of intimidating interviews for sequelae of ritual abuse. In this nascent moral panic, the widely circulated ‘symptom lists‘ transformed messy subjectivity into embodied and interpretable texts….”

– From “The Day Care Ritual Abuse Moral Panic” by Mary DeYoung (2004)

To day-care ritual-abuse prosecutors, what Nancy Lamb called “these kinds of behaviors” embraced everything from bed-wetting to hyperactivity to eating disorders. No dot went unconnected.

Contrary to such handy lists, however, numerous studies have found no “coherent package” of symptoms of child sexual abuse.

Oct. 21, 2011

How would you handle six years behind bars after being wrongfully convicted? Here’s how Bob Kelly did it:

“In jail (in Chowan County before being found guilty) there was nothing but sitting and waiting. Central Prison was easier – I could work.

“A warden told me, ‘Whoever kills Bob Kelly will have a trophy. I can put you in lockup, where you’ll be safe.’ But that would’ve meant spending 23 hours a day in a cell. I said, ‘Put me in the general population. I’ve got 12 life sentences, and I’m not going to do my time hiding.’

“But I tried to be smart. It was two years before I went outside in the yard. All I could think of was, if I got in a fight, how would that affect the appellate court?… Only one time did a jailhouse gangster lay his hands on me, and I realized I had to stand up to him to keep it from happening again….

“My first job was janitor in G block. I waxed the floor, emptied the trash, kept it like my home. They don’t allow bleach, because it would get thrown in the guards’ eyes, but I managed to talk a guy in the laundry room out of a bottle. It was great for spraying down the showers. My block was the only one in the whole prison that smelled like Clorox….

“My next job was running the canteen for lockup. The guys who had been there before me had watered down the Cokes and coffee and pocketed the difference. I wanted to run the best canteen I could, so I started giving full measure….

“You know what the other prisoners said? ‘You’re stupid – don’t you know you could be making money?”

July 20, 2016

“Orr, a former state Supreme Court justice… angered party officials when he told a WRAL TV reporter that the nominee was ‘singularly unqualified to lead this country.’

State GOP Executive Director Dallas Woodhouse said Orr ‘hasn’t been a good Republican for a long time.’

“Orr said, ‘If I’d know there was some oath of loyalty, some code of omerta, where I couldn’t say anything against Trump, I probably wouldn’t have come.’”

– From “One NC delegate leaves GOP convention after criticizing Donald Trump” by Jim Morrill in the Charlotte Observer (July 19)

Orr’s willingness to break from the herd will be tested mightily in his efforts to undertake an external evaluation of the N.C. State Bar, which so eagerly finds ethics violations among innocence project lawyers but almost never among prosecutors….

Footnote: To the surprise of few, the N.C. Conference of District Attorneys supports restrictions on release of police body cameras and dashboard recordings.