Sept. 12, 2012

“Connie Tindall wanted to be pardoned before he died. But like Jerry Jacobs, Joe Wright and Ann Shepard before him, Tindall was buried Friday without knowing if the state of North Carolina will ever pardon members of the Wilmington 10.”

– From the Wilmington Star-News (Aug. 10, 2012)

Tindall died at age 62 – younger than Bob Kelly and Scott Privott. Will the Edenton Seven live long enough to see themselves exonerated?

Jan. 31, 2012

Expert vouching.

That odd little legalism is the crucial issue in Junior Chandler’s latest – and perhaps last – shot at justice. Durham attorney Mark Montgomery has just filed an appeal on Junior’s behalf in the N.C. Supreme Court.

In Junior’s 1987 trial in Buncombe County, the prosecution ran out no fewer than six expert witnesses, including three pediatricians.

Each expert testified that Junior’s alleged victims had in fact been sexually abused “as they described” – but none could cite definitive physical evidence on which they based their validation.

In the years since, higher courts have seen the reversible error of those ways. Expert vouching is now inadmissible in the absence of physical evidence “diagnostic of” – not just “consistent with” – sexual abuse.

The case against Junior was weak and weird on all fronts. No credible eyewitnesses or physical evidence. No storyline that made a lick of sense. (Although prosecutor Bill Hart must have liked the kidnapping-and-boat-ride scenario – he called on it again four years later in the Little Rascals trial.)

Only four children testified against Junior, accounting for less than 2 percent of the 1,407-page trial transcript. Some claimed to have been abused by… Pinocchio. And jurors never heard from those children on Junior’s bus who denied seeing abuse.

Just how important was expert vouching in imposing Junior’s two consecutive life sentences?

On all charges supported by expert vouching the jury found him guilty. On all charges not supported by expert vouching it found him not guilty.

Aug. 2, 2013

“The attorney for Dawn Wilson was the late Kirk Osborn, who also represented Reade Seligmann in the Duke Lacrosse Case.

“Osborn told me that after Wilson’s conviction was overturned, Nancy Lamb came to his office… ‘dressed to the nines’ and demanded that Wilson plead out to something. Wilson, who had turned down a plea offer before the first kangaroo trial that would have kept her from prison but would have made her turn state’s evidence – evidence that did not exist – told Lamb there was no way she would plead to anything.

“Kirk said that right before his eyes, Lamb turned into ‘the wicked witch of the West’ and stomped off. She ultimately was forced to drop all charges.

“It was the Little Rascals case that opened my eyes to what prosecutors do in these situations, how they lie, twist evidence, and coerce children. Lamb was the darling of the press when, in fact, she should have been excoriated for lying.”

– From a recollection by William L. Anderson (Oct. 26, 2010) of his correspondence with defense attorney Kirk Osborn

March 20, 2013

“Unlike their counterparts in every other state, North Carolina prosecutors have control over criminal court calendars.

“In the Little Rascals case, prosecutors used their trial-scheduling authority to let defendants wait for years before proceeding with their cases. They have held the power of the calendar over (Bob) Kelly for a decade without having to account to any other government authority.”

– From “Little Rascals Day Care case still not over” in the Raleigh News & Observer (Jan. 4, 1999)

Almost nine more months would pass before prosecutors dropped the last charges against Bob Kelly.

Despite efforts at reform, district attorneys in North Carolina still maintain near total control over court calendars.