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?

Nov. 2, 2011

Post on hidden mysteries.org (1995):

“Aside from the children and their parents, others are deeply disappointed by the N.C. Supreme Court’s decision not to (overturn) the reversals by the Court of Appeals.

“Superior Court Judge Marsh McLelland, who heard the Little Rascals case the first time, wrote in a letter to the Chief Justice of the Supreme Court: ‘Your refusal to review the Kelly and Wilson reversals by the Court of Appeals is legally and morally reprehensible.’

“Once more, the Edenton children find themselves as much on trial as their alleged perpetrators, if not more so.”

ANN EARLE

Letter to the editor of the News & Observer of Raleigh (May 16, 1996):

“As a psychotherapist who treats many child victims and adult survivors of sexual and ritual abuse… I am incredulous that so many people support Robert F. Kelly….

“There is ample historical and anthropological evidence that ritual abuse has existed for centuries…. Unfortunately, day care centers are optimal settings for such perpetrators.

“If there is indeed a ‘witch hunt’ going on, it’s actually aimed at abused children and those who advocate for them.”

ANN EARLE, C.C.S.W., B.C.D.

Chapel Hill

Letter to the editor of the News & Observer of Raleigh (June 4, 1997):

“Investigators should not ask leading questions, of course, but even if they did it is difficult to imagine how a young child could come up with graphic details of sexual activity if nothing happened. Child sexual abusers and pornographers routinely incorporate fantasy to entice children to cooperate and render them less believable if the child ever tells.

“Why are journalists so quick to believe alleged abusers and discount sexual abuse allegations by children?”

ANN S. EARLE

Chapel Hill

Letter to the editor of the News & Observer of Raleigh (January 15, 1999):

“In reality, false allegations of sexual abuse by preschool children are rare.

“I have spent three years researching and editing a book on ritual abuse allegations. Ample evidence supports the existence of such abuse in day care centers, in spite of how bizarre it may sound.

“Robert Kelly was found guilty by a jury of his peers in a lengthy trial. This verdict was overturned only on a technicality.

“Finally, there is obviously significant evidence to charge Kelly in a case unrelated to Little Rascals (charges dropped eight months later). We should consider these facts before concluding that the alleged abuses at Little Rascals were due to a ‘hysteria’ fueled by a ‘rumor mill.’ ”

ANN EARLE, C.C.S.W., B.C.D.

Chapel Hill

As these comments suggest, certainty in the pervasiveness of ritual abuse extended well beyond those therapists directly involved in the Little Rascals case.

Did Ann Earle, a board member of the International Council on Cultism and Ritual Trauma, ever change her mind? If so, she seems not to have shared the news.

April 6, 2015

A team from the Duke Wrongful Convictions Clinic recently traveled to Buncombe and Madison counties to collect documents from court clerks’ offices, to interview witnesses and to inspect locations where Junior Chandler allegedly abused children who rode his day-care bus.

Billy Chandler, Junior’s brother, and Clayton Rice, his lifelong friend, guided the Duke investigators (and me) along Junior’s daily route. The narrow, twisting backroads led us to the sites along the French Broad River where prosecutors claimed Junior had repeatedly committed the most bizarre sexual crimes imaginable.

The photo at the right shows a typical vantage. It has always seemed incredible to me that Junior – as described in Mark Montgomery’s amended petition for writ of certiorari – “would drive off his route to a parking area next to the French Broad River, strip the clothes off the toddlers, troop the naked children down to the river, put them on a rowboat, proceed to insert various objects into their anuses and vaginas, bring them back to the bus, put their clothes back on and deliver them home.”

Actually visiting and walking around the supposed crime scenes, which are completely open to neighbors and passersby, only reinforces my impression: The allegations against Junior are simply inconceivable.

So where do things stand as Junior Chandler approaches his 29th year in prison? Clinic co-director Theresa Newman provided this cautious update: “The Duke Wrongful Convictions Clinic has spent the past few months studying the file passed to them by previous post-conviction counsel, researching the developments in the relevant medical and psychological science since the mid-1980s, and otherwise trying to master this complicated and complex case. We are now moving into the next phase of our typical investigation….”

The title of Newman’s illuminating TEDx talk at Elon University couldn’t be more apt: “Waiting is a Beast.”

March 19, 2012

In “The Folly of Fools: The Logic of Deceit and Self-Deception in Human Life” (2011), Robert Trivers briefly addresses the causes and costs of the ritual abuse mania.

I asked Trivers, professor of anthropology and biological sciences at Rutgers University, about the role played by prosecutors in such cases:

“Prosecutors are notoriously vulnerable to tunnel vision – i.e., once a suspect has been identified, others disappear from sight; they also need to justify themselves in retrospect.

“I was told by (Innocence Project cofounder Peter J.) Neufeld that even after incontrovertible DNA evidence, 75 percent of the original detectives who came up with (and helped convict) the wrong person still say they believe they got ‘the right man.’ ”