Sept. 2, 2013

“That power (of clemency), which the Constitution explicitly grants to the president, has always served as an indispensable check on the injustices of the legal system and as a means of demonstrating forgiveness where it is called for. It was once used freely; presidents issued more than 10,000 grants of clemency between 1885 and 1930 alone. But mercy is a four-letter word in an era when politicians have competed to see who can be toughest on crime….

“Meanwhile, President Obama’s use of the pardon power remains historically low. In four and a half years, he has received almost 10,000 applications for clemency and has granted just 39 pardons and one sentence commutation. No one seems to know why some requests are granted and others denied….”

– From “Pardon Rates Remain Low,” editorial in the New York Times (Aug. 21, 2013

Pardons have become scarce in North Carolina as well. In her last week as governor, Bev Perdue pardoned the Wilmington 10, but not the Edenton Seven – or anyone else, for that matter.

Perdue left office without commenting on the dozens of clemency applications still on her desk.  (Her willingness to forgive contrasts with that of previous governors, most dramatically Charles Brantley Aycock, who between 1901 and 1905 granted no fewer than 369 pardons.)

Among those applications Perdue didn’t address was Junior Chandler’s.

Now there’s a new governor, and Junior’s brother Billy tells me a renewed effort is being made to obtain clemency. Even if Junior were guilty – which he obviously isn’t – shouldn’t 26 years behind bars be punishment enough?

Aug. 15, 2012

The North Carolina Supreme Court won’t release its next batch of opinions until August 24, but its recent decision on a 2009 child sex abuse case could augur well for Junior Chandler.

On June 14 the court upheld the North Carolina Court of Appeals’ overturning of Patrick Loren Towe’s conviction in Surry County. Here’s the crucial part of the opinion:

“Under the North Carolina Rules of Evidence, a qualified expert may testify as to her opinion in her field of expertise if the testimony will assist the jury in understanding the evidence. An expert may not, however, testify as to the witness’s credibility or state that she believes the defendant is guilty.

“In sexual abuse cases involving child victims, an expert may not testify that sexual abuse has occurred without physical evidence supporting her opinion. An expert may not testify that the child has been ‘sexually abused’ if the testimony is based solely on the interview with the child-victim.”

In Patrick Towe’s case, only one expert witness so testified – in Junior Chandler’s it was six.

Without such a parade of “expert vouching,” Junior surely would have spent the past 25 years back home in Madison County instead of behind bars. How can the North Carolina Supreme Court now fail to acknowledge this?

May 23, 2014

“….The widespread belief that sexual abuse of children is endemic to society is a relatively new notion. In fact, it can be traced to a particular moment in history: April 17, 1971.

“On that day the New York Radical Feminists, a group that at its height boasted no more than 400 members, held a groundbreaking conference on rape. For two days, women held forth on a subject long considered taboo…. A speech given by Florence Rush (was) the highlight of the event.

“Rush was an unlikely star for such a gathering. A middle-aged social worker, who had never been raped, she outlined statistical studies suggesting that sexual abuse of children, including incest, was a more widespread problem than was generally recognized….

“Before Rush’s speech, feminists had given little thought to incest. Author Andrea Dworkin recalled that before the conference ‘we never had any idea how common it was.’ In the decades following Rush’s talk, feminists more than made up for their earlier unawareness, competing with each other in elevating the number of victims….

“Believe the women. Believe the children. These refrains became the mantra of the incest movement. While the women’s movement would be enormously successful in turning sexual abuse – including incest – into a major public issue, women, ironically, would become the chief victims of the hysteria it generated.

“The obsession with this supposedly rampant sexual abuse played out in two ways: ‘Believe the women’ became the repressed memory hysteria. ‘Believe the children’ turned into the day-care hysteria….”

– From “Sex, Lies, and Audiotapes” by Rael Jean Isaac in the Women’s Quarterly (summer 2001) text cache

The road to the moral panic that would sweep up innocent day-care providers from North Carolina to New Zealand was a long one. If Florence Rush’s 1971 speech was one milestone early on, then perhaps the still-contentious 1988 conference of the International Society for the Study of Multiple Personality and Dissociation could be seen as the beginning of the end – although the allegations against the Edenton Seven weren’t yet even a gleam in a therapist’s eye….

June 23, 2014

“The emphasis has got to be on the crime. Once you start using labels like satanic, sadistic or ritualistic, then you’re immediately raising a red flag…. Law enforcement, prosecutors, judges, mental health professionals and especially the general public begin to back off, because it’s so hard to believe these things happen…. We emphasized rape, sex offense, indecent liberties, crimes against nature…Those were the crimes that Bob Kelly was convicted of, those are what the jury heard evidence of….

“We let the defense attorneys bring out the sadistic and ritualistic….”

– From District Attorney H. P. Williams Jr.’s address to “From Heartbreak Through Healing: Facing the Reality of Sexual and Ritual Abuse of Children,” the first national convention of Believe the Children (April 2-4, 1993, in Arlington Heights, Ill.)

I transcribed Williams’ cautionary prosecutorial advice from audiotapes, so I can only imagine the scene on the speakers’ dais he shared with not only one of the Little Rascals mothers, but also Laura Buchanan, author of “Satan’s Child: A Survivor’s Story That Can Help Others Heal from Cultic Ritual Abuse.”

What must have Williams been thinking as Buchanan earnestly recalled that:

“We stood poised with knives in an incomprehensible world where children killed children….  Permitted to live until age four (my sister) was sacrificed by my parents…. My final programming, as a teenager, occurred on an autopsy table in the coroner’s office. A surgical procedure was staged and through a small incision in my scalp I was told that a surveillance device would be inserted into my brain. The supposed implant would be used at national headquarters to continuously monitor my thoughts. For decades the programming was extremely effective. Until the age of 44, I had no idea that my parents practiced satanism….”

With Bob Kelly and Dawn Wilson locked away, and the overturning of their convictions still two years away, DA Williams was riding high. But surely he must have experienced the slightest frisson of doubt when he saw Buchanan’s patent insanity being swallowed whole by the same audience that so enthusiastically applauded his case against the Edenton Seven.