Jan. 14, 2013

Junior Chandler’s prospects for at last walking out of Avery-Mitchell Correctional Institution a free man remain bleak. After more than 25 years, he is probably the last still-imprisoned victim of the multiple-victim, multiple-offender ritual-abuse day-care panic.

When the North Carolina Supreme Court arbitrarily and tortuously rejected Junior’s appeal, it wrote finis to his options within the system.

Now, however, appellate lawyer Mark Montgomery has referred the case to North Carolina Prisoner Legal Services, a nonprofit law firm that represents inmates whose convictions exhibit significant flaws – a category that clearly includes Junior’s.

Mary Pollard, NCPLS executive director, has only begun to examine the file. “The problem with Mr. Chandler’s case,” she says, “is that he has already had a post-conviction review, which could severely constrain what we can do.”

 After Junior submits a formal request for consideration, she expects to make a decision within 90 days on whether to pursue the case.

Dec. 14, 2011

Among the leaders of the Committee for Support of the Edenton Seven was Doug Wiik, whose own Breezy Point Day School in Bucks County, Pennsylvania, had just been cleared of similar abuse accusations. I asked him to compare the two cases.

“I remember that Barbara Fleischman, a dear friend who had moved to North Carolina from Bucks County, called to let me know that the child abuse contagion had reared its head in Edenton.

“Having been deeply affected by my personal experience, I felt the need to reach out. I read about Raymond Lawrence’s formation of the Edenton Seven committee, and after several discussions with him and Dee Swain (a fuel dealer in Washington, N.C.) I was truly inspired to do what I could. I was gratified to find individuals who would fight the injustice being perpetrated upon the Kellys.

“The eventual outcome in Little Rascals was the correct one, but the damage done to many individuals was enormous. We all have a list of heroes in our lives, and Bob Kelly and Dawn Wilson certainly were added to mine. Both stood firm in speaking truth to a community that lacked leadership in politics and law enforcement….

“The Edenton case and my own were just two of many produced by the 1980s culture. It happened in Salem 300 years ago, and it will happen again some day.

“So why did my child care business survive, when so many others didn’t?

“We had the exact same claims of horrors perpetrated against children. We had the same media coverage that initially proclaimed ʻChildren don’t lie.ʼ We had the same overzealous child abuse investigators from the county Department of Children and Youth Services. We had the identical mass hysteria.

“But we also had leadership! District Attorney Alan Rubenstein was a seeker of justice, not political gain. He conducted a long, expensive criminal investigation, one that branded the parents’ and children’s claims as false and reckless.

“I’d also be remiss if I didn’t mention my employees and our parent community, who all knew nothing had happened at Breezy Point. They went on camera, wrote letters to editors and participated in several large meetings answering all questions about our school.

“My experience lasted five or six years, caused lots of heartache and did much financial damage. However, Breezy Point Day School still opens at 7 a.m. and closes at 6 p.m. every day and is still filled with several hundred happy children, parents and staff.

“It’s a shame Bob and Betsy Kelly chose Edenton, North Carolina, to open a child care business and not Bucks County, Pennsylvania.”

●   ●   ●

Later this week I’ll post excerpts from the DA’s 1990 investigative report, along with a few of his recollections (he’s now a judge).

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.

April 1, 2013

“Suppose an individual believes something with his whole heart; suppose further that he has a commitment to this belief, that he has taken irrevocable actions because of it; finally, suppose that he is presented with evidence, unequivocal and undeniable evidence, that his belief is wrong; what will happen?

“The individual will frequently emerge, not only unshaken, but even more convinced of the truth of his beliefs than ever before….”

– From “When Prophecy Fails” by Leon Festinger, Henry Riecken and Stanley Schachter (1956)

The three social psychologists studied the refusal of a cult of UFO believers to accept that their belief in an imminent apocalypse had been proven false. Seth Mnookin usefully dusts off this case in “The Panic Virus: A True Story of Medicine, Science and Fear,” his 2011 expose of the groundless claim that childhood vaccination causes autism.

Before the day-care ritual-abuse mania ran its course, its theorists and trophy hunters clung ever more tightly to a belief system with no rational means of support. Long after the phoniness of the Little Rascals prosecution had become clear to the world, Nancy Lamb managed to conjure up an unrelated abuse charge against Bob Kelly. And even today…