Jan. 16, 2016

“Joseph Sledge spent 37 years in prison for a crime he didn’t commit. At his trial, the state paid a lying snitch to testify against him. While he was in prison, (Jon David, the latest Bladen County district attorney) opposed the DNA testing that would eventually prove Sledge’s innocence. And when the long-delayed tests showed Sledge wasn’t the culprit, the state waited another two years to release him from prison.

“Now that Sledge is finally free, the only person being punished is the lawyer who fought to prove his innocence, Chris Mumma. On Thursday, the State Bar found that Mumma violated professional ethics by testing a water bottle for DNA without permission from its owner – all in an attempt to gain an innocent man his freedom against long odds. (The test of the water bottle was inconclusive and had no impact on the final outcome.)….

“In all the cases where Mumma has freed innocent people, no prosecutor has ever faced charges….Instead, the State Bar sent a message that lawyers who expose the system’s misdeeds could be subject to retribution….”

– From “Let’s punish lawyers who put innocent people in prison, instead of those who free them” by Kristin Collins at NC Coalition for Alternatives to the Death Penalty (Jan. 15)

Three years ago I took DA David at his word when he promised:

“I really see us as sharing the goal of making sure (Sledge’s) conviction rests on credible and substantial evidence. I’m going to go where the truth leads in this matter.”

I was naïve. As it turned out, David’s true passion wasn’t for exonerating an innocent man but for punishing his lawyer.

Dec. 28, 2016

“The problem of juror pressure on a dissenting juror has long been known by defense attorneys and prosecutors.

“In a National Center for State Courts project on hung juries, researchers surveyed 367 unanimous decisions…. In nearly 40 percent of the cases at least one juror [disagreed] but went along with the majority and made the verdict unanimous….

“Research shows that dissenting jurors often go along not because they are convinced about points of evidence but because they bow to ‘normative pressure’: A lone holdout is under relentless and harsh pressure from other jurors to knuckle under. The pressure from the push for speed, the verbal battering and the threat of ostracism is virtually impossible to resist.

“The problem is made worse [in cases] when it’s impossible for a dissenting juror to say with absolute certainty whether the position of the majority is the right one and when the verdict could do horrible legal damage….”

– From “Why Zimmerman Juror B29 Believed in His Guilt But Still Voted to Acquit” by Earl Ofari Hutchinson on the Huffington Post (July 28, 2013)

Bob Kelly’s jury serves as a sad example of the contaminated chemistry of verdict making.

Jan. 11, 2013

“Chris Bean (Bob Kelly’s lawyer until becoming involved as a child-witness parent) told me that when the townspeople first saw the documentary, they thought it was OK and that nobody thought my film had personally misrepresented them.

“But then, he told me, the firestorm of national attention began and people were writing to the mayor, to the townspeople, to many of the families I interviewed, and it was like a house of cards, you know. It all came tumbling down on them.”

– Ofra Bikel, quoted in the Newark Star-Ledger (July 18, 1993)

“The only woman who never complained after the first film,” Bikel said, was Jane Mabry – Patient Zero in the rumor contagion.

Jan. 2, 2016

“The CIA’s use of its enhanced interrogation techniques was not an effective means of acquiring intelligence… and on several occasions produced inaccurate information….

“Despite declaring the program a ‘success,’ there was no evidence of any independent evaluation concluding that it was effective, only internal assessments by CIA officials and contractors with a financial interest in the program.

“The CIA rarely reprimanded or held personnel accountable for serious and significant violations, inappropriate activities, and systemic and individual management failures….”

– From “20 Key Findings from CIA Torture Report” in Congressional Quarterly News (Dec. 9, 2014)

Sound familiar? Too little prudence, too much hubris?

Yes, the Pentagon’s recent recognition of the American Psychological Association’s disavowal of practices at Guantanamo brings to mind a different kind of “enhanced interrogation” – no waterboarding, but just as corrupt.

The Little Rascals prosecution’s well-paid and single-minded therapists seem to have recognized no ethical barriers in extracting phony claims from the children they interrogated so relentlessly. And neither prosecutors nor therapists were ever held accountable.