Jan. 4, 2013

“Psychologist Jean Piaget reported that his earliest memory was of his nurse defending him against a potential kidnapper at age two. He distinctly recalled sitting frightened in the baby carriage while the nurse fought off the man (incurring a scratch on her face in the process), and the police officer chasing away the kidnapper with his short white baton. Piaget was even able to describe the officer’s uniform in detail. His family, relieved that the nurse had prevented his kidnapping, rewarded her with a gold watch.

“Thirteen years later, the nurse returned the gold watch to the family accompanied by a letter confessing that she had made up the story because she wanted to raise the family’s opinion of her.

“Piaget used this false memory to emphasize the role of others’ influences on one’s memories. He noted that the nurse frequently had recounted the story in his presence, and others then had repeated the story in his hearing, thus creating the memories he had adopted as his own.

“Piaget noted that even in his old age those memories persisted as clear events, even though he knew them to be false.”

– From “The Encyclopedia of the Brain and Brain Disorders” by Carol Turkington and Joseph Harris (2009)

Given this phenomenon of memory, it’s hardly surprising that no child-witness against the Edenton Seven has stepped forward to publicly recant.

July 31, 2013

“Have you ever stopped to consider what the statistical odds must be against the following allegations made by the prosecution? How could the following all be true?

“1. That seven child abusers would somehow all show up at the Little Rascals Day Care during the same time period.

“2. That out of these seven alleged abusers not one had any record of any sexual misbehavior in their past.

“3. That out of all seven of these alleged abusers not one was found to be in possession of any child pornography or other suggestive materials.

“4. That with multiple-hundreds of alleged abuses claimed to have taken place, not one single piece of ‘hard’ evidence was ever found. Nor was there a single adult witness to any behavior even suggestive of abuse.

“5. That out of all seven of these alleged abusers, not one would be willing to testify against the others in return for easier treatment.”

– From a Feb. 22, 1994, letter sent to prosecutors and the press by Jeffrey Keimer of Portola Valley, Calif.

These are questions that occurred to someone following the Little Rascals case from 3,000 miles away. Too bad they seem not to have occurred to so many prosecutors, therapists, parents, reporters and jurors. Up close, was the “ritual abuse” narrative simply too mesmerizing?

Feb. 22, 2017

“[When Rich Rosen, Theresa Newman and Jim Coleman began planning the state’s first innocence project], not everyone agreed their work was worth doing. To many… colleagues, in North Carolina and across the country, the letters they were reading were no more than acts of desperation: There was zero chance these inmates were innocent, only that they had nothing to lose by filing paperwork. The American criminal-justice system had always trivialized its own chances at convicting anyone wrongly, feeling certain – as lawyer Christine Mumma no longer could – that protections at trial made that outcome impossible….”

– From “A Justice Startup” by Benjamin Rachlin in “Innocent: The Fight Against Wrongful Convictions,” a Time special edition

Rachlin’s piece is excerpted from “Ghost of the Innocent Man: A True Story of Trial and Redemption,” to be published in August.

Dec. 28, 2013

End-of-year grab bag from the wide world of justice delayed:

● Thanks to Professor P. S. Ruckman Jr. at Pardon Power for posting my comments on Andrew Junior Chandler.

● Two glimmers of light on misrepresented “genital scarring” and other examples of junk science – from Texas of all places!

● In New York a remorseful former judge testifies against his own verdict.

● Recently uploaded onto Vimeo by the Alfred I. duPont Awards: a three-minute, full-screen excerpt from “Innocence Lost”. (The complete series can be viewed from the “Innocence Lost” page of this website in small-screen format.)

● Gov. McCrory proves himself able to dispense clemency to LaMonte Armstrong – can he find it in his heart to be similarly just to the no less innocent Junior Chandler?