Sept. 3, 2012

Since its creation by the General Assembly in 2006, the North Carolina Innocence Inquiry Commission has considered more than 1,100 innocence claims, three of which resulted in exonerations.  This is from a letter I wrote the Innocence Inquiry Commission requesting that it take up the case of the Edenton Seven:

“I am fully aware that my request falls outside the letter of your mandate. It is of such importance, however, that I believe consideration by the Commission would be both just and appropriate.”

And this is from the response I received from Kendra Montgomery-Blinn, executive director:

“By law the Commission is only permitted to consider claims arising from current convictions. We cannot consider cases in which the conviction was vacated, even if the claimants were not fully exonerated.

“I am familiar with the (Little Rascals) case as I studied it both in college and in law school. In fact, I cited the case in the brief for a 2007 Commission hearing….

“I am sorry that the Commission cannot be of further assistance. The only other option I am aware of is a Gubernatorial pardon. The surviving defendants from the Wilmington 10 case have recently applied for pardons.

“Thank you for contacting the Commission and for continuing to bring attention to this important case and the subject of wrongful convictions. I am proud that North Carolina is first in the nation to have a state-run innocence commission.”

Another door to exoneration is closed, however sympathetically. Others remain.

Footnote: The hearing Ms. Montgomery-Blinn mentions grew out of a 2001 case in Pitt County. Henry Reeves had been convicted of taking indecent liberties with his 6-year-old daughter, Marquita. This passage in the Innocence Commission’s investigative statement caught my eye:

“Barbara Hardy (the child’s mother and the defendant’s wife) stated that when Marquita came out of her sessions with Dr. (Betty) Robertson, Marquita would have gum or little presents, and Marquita would state ‘Look what she gave me for getting the questions right.’

“Mrs. Hardy said that she tried to tell Dr. Robertson that Marquita was a people pleaser  and may say things just to be rewarded, but Dr. Robertson said, ‘I believe it happened, and it’s going to court.’

“It is important to note that Dr. Robertson…. provided therapy and evaluations to 23 of the children in (the Little Rascals) case….”

Still rewarding possibly-abused children for “getting the questions right”?  Did Betty Robertson learn nothing from the 23 false positives she reported in Edenton?

Oct. 14, 2014

“(Bob) Kelly’s father-in-law, Warren Twiddy, says that blacks are the only people in Edenton who still treat him like a human being.

“One black woman, calling the whole episode a Salem witch hunt, told me she was so ashamed she had removed the Edenton license plates from her car.”

– From “Nursery witch hunt” by Ambrose Evans-Pritchard in the Sunday Telegraph of London (Aug. 3, 1993)

Dec. 5, 2011

In this (Nov. 29) New York Times analysis of science’s ever-growing skepticism about eyewitness testimony I noticed a familiar name:

“One of the earliest and more famous experiments to demonstrate that memories are malleable was conducted by Elizabeth Loftus, a psychology professor at the University of California, Irvine, and an early pioneer of witness memory research.

“In a 1974 study published in The Journal of Verbal Learning and Verbal Behavior, (Loftus) asked participants to view films of fender-benders in which no car windows or headlights were broken. Later, the subjects who were asked how fast the cars were going when they ‘smashed’ into each other – as opposed to ‘hit’ – were more likely to report speeding and describe shattered glass they never actually saw.”

While researching a book on the Wenatchee, Washington, ritual sex abuse case (1994-95), Kathryn Lyon asked Loftus about the consequences when professionals contribute to and reinforce false memories in children.

“If you believe real child abuse has long-term deleterious consequences,” Loftus responded, “then what happens when you create a false memory of child abuse? Are you creating a victim who is also likely to have long-term troubles?

“Having a real and a pseudo memory are in many ways the same. If you create the memory, are you not creating child abuse?”

Lyon, a lawyer, spent a year in Wenatchee to write the thorough and chilling “Witch Hunt: A True Story of Social Hysteria and Abused Justice” (1998).

Sept. 23, 2016

“We Believe the Children” offers a clear explanation of how a then-novel crusade for child welfare and a murk of neo-Freudian psychological theory together drove officials to find suppressed trauma where none existed, and [Richard] Beck also cites the popular nonfiction books Sybil (1973) and Michelle Remembers (1980) for their role in spreading acceptance of Multiple Personality Disorder and Satanic Ritual Abuse as authentic phenomena.

“He further argues that the day care scandals represented a conservative backlash on behalf of traditional family structures, in which fathers worked while mothers stayed at home to raise children, over the newer model of two busy parents dropping their kids off with professionals.  In this reading, the contemporaneous wave of incest survivor memoirs and self-publicizing MPD victims likewise reinforced the traditionalist ideal of helpless females unable to cope in a modern society that gave women too much sexual and career freedom.

“Maybe.  Yet Beck only devotes a paragraph or two to the burgeoning pop-culture fascination with the occult which preceded the Satanic panic, and it’s worth pointing out that, despite hit films like The Godfather and Scarface, no one in the 1980s was accused of recruiting children into a mobster underworld, and despite turmoil in the Middle East, day cares were not suspected of being fronts for Islamic terrorists.

“Rather, the emphasis on perversion, ritual killing, and cultism which characterized the scare drew on obvious sources in the mass entertainment of the mid-1960s onward.  As I’ve written in my book Here’s To My Sweet Satan:  How the Occult Haunted Music, Movies, and Pop Culture, 1966-1980,

For a culture accustomed to the bloody rampages of Charles Manson, the shameless perversities of Anton LaVey, and the no-holds-barred gross-outs of The Exorcist, such combinations of cruelty, vulgarity, and the occult [in the McMartin charges] were no longer surprising.…For a long time the public had been bombarded with messages of what Satan and Satanists were like, of the words, images, and symbols associated with devil worship, and especially of how children were Satan’s favorite victims.  It had all finally proved too much for some people.

“I believe it’s this influence that fostered the climate for McMartin and other travesties, at least as much as any right-wing fantasies about dutiful moms and dangerous outsiders….”

– From “Children of the Grave” by Canaadian author and blogger George Case (Sept. 23)

An earlier challenge to Beck’s emphasis on conservative backlash points a finger at feminism.