June 12, 2013

“We received only one call, from a gentleman in Massachusetts, and he said he felt sorry for the whole community and wished us well. It was business as usual, except for all the damn reporters.

“I don’t see why this thing has to be tried again. It’s been through the judicial system, and I just don’t know what ‘Frontline’s’ agenda is.

“The town is not divided or in turmoil or any of that stuff they’re saying about it.”

– Edenton Town Manager Anne Marie Kelly (no relation to Bob Kelly), reacting to “Innocence Lost: The Verdict” (as quoted in “Sex-case documentary stirs up Edenton again,” News & Observer, July 22, 1993)

Oct. 8, 2012

“Even those (ritual-abuse day-care cases) that resulted in acquittals… reflect hundreds of children and their family members referred to counseling.

“Many families were limited to a handful of approved counselors, who also helped police and prosecutors by eliciting testimony from the children. One must wonder what these counselors counsel these children about, particularly in cases in which allegations were later proved to have come from them rather than from the children – and considering that the children began showing symptoms of abuse only after disclosing – the reverse of abused children’s usual responses to counseling.”

– From “Assessing the Costs of False Allegations of Child Abuse: A Prescriptive” by Susan Kiss Sarnoff (IPT Journal, 1997)

What a calamitous exploitation of the children – but what a canny career move for the therapists!

justicedenied.org

Edwin Borchard

June 21, 2016

“One of the earliest arguments for financial compensation for the wrongly incarcerated came in 1932, from the Yale law professor Edwin Borchard. In an influential book called ‘Convicting the Innocent: Sixty-five Actual Errors of Criminal Justice,’ Borchard wrote, ‘When it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity for the loss and damage suffered.’ He noted, ‘European countries have long recognized that such indemnity is a public obligation.’ But it would be many years before the United States began puzzling through what constituted an ‘appropriate indemnity.’ It wasn’t until the first DNA exoneration, in 1989, that most states began to seriously consider compensation.

“There is still no consensus about the value of lost time. Missouri gives exonerees $50 a day for time served, California twice that much. Massachusetts caps total compensation at $500,000. In Maine, the limit is $300,000; in Florida, it’s $2 million. The variation is largely arbitrary. ‘If there’s a logic to it, I haven’t seen it,’ Robert J. Norris, a researcher at SUNY Albany who has studied compensation statutes, told me…. Twenty states have no compensation statutes at all.”

– From “The Price of a Life: What’s the right way to compensate someone for decades of lost freedom?” by Ariel Levy in the New Yorker (April 13, 2015)

North Carolina exonerees are entitled to $50,000 for each year spent in prison, plus job training and college tuition, up to a maximum of $750,000. However, those statutes apply only to persons “granted a pardon of innocence by the Governor upon the grounds that the crime with which the person was charged either was not committed at all or was not committed by that person.”

As excruciatingly demonstrated in the case of Henry McCollum and Leon Brown, not every governor is in a hurry to enable that compensation.

Dec. 28, 2011

“Throughout the trial, prosecuting attorneys (in the Little Rascals case) repeatedly pursued their hunches without an apparent desire to test an alternate theory. This resulted in a rather spectacular false admission by 6-year-old Andy, who had been a 3-year-old at the time of the alleged sexual abuse by Bob Kelly.

“ ‘Prosecutor: Do you remember a time where you ever had to do anything to Mr. Bob’s hiney with your mouth?

“ ‘Andy: No, ma’am.

“ ‘Prosecutor: Do you remember telling Dr. Betty that one time you had to lick Mr. Bob’s hiney? Did that happen? Did you ever have to do that, that you didn’t want to do it?

“ ‘Andy: Yes, ma’am.’

“In reality, the prosecutor had made a mistake, thinking that the charge was that Andy had sodomized Bob Kelly, rather than the other way around. The state dropped this charge after it realized Andy had admitted to the wrong charge.

“This ought to have sensitized the prosecution to the very real dangers of pursuing a single hypothesis in the relentless manner we have described, but unfortunately it did not appear to have done so.”

– From “Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony”
by Stephen J. Ceci and Maggie Bruck (1995)