Feb. 8, 2016

“Bob Orr, a former North Carolina Supreme Court justice, says it’s time for a comprehensive outside review of the state agency that oversees lawyers.

“Orr… is part of a committee looking at legal professionalism as part of Chief Justice Mark Martin’s recently launched review of the state justice system….

“The call for evaluation comes amid questions about the bar’s aggressive prosecution of three defense attorneys who have worked on Racial Justice Act (text cache) and innocence inquiry cases….”

– From “Former NC Supreme Court justice calls for review of state bar” by Anne Blythe in the News & Observer (Feb. 6)  (text cache)

Right on, Justice Orr. And thanks to the N&O for its continuing attention to the flagrant self-dealing of the Prosecutors Club, most recently this account (text cache) by Joseph Neff contrasting the bar’s two sets of ethical standards:

“For most of 2015, the North Carolina State Bar vigorously and publicly pressed ethics charges against two anti-death penalty lawyers for what were eventually judged to be unimportant inaccuracies in two sworn affidavits.

“During the same time, the bar privately dismissed complaints that three prominent prosecutors – one running for attorney general, another now a Superior Court judge – used a false affidavit in a racially divisive case that has roiled Winston-Salem for more than a decade….”

I’ve even seen it suggested that the situation demands a separate panel specializing in prosecutorial misconduct (text cache).

June 24, 2013

“(I) followed the Little Rascals case closely in the Norfolk and other papers…. Moved by (its) strangeness and patent senselessness, as well as by reports nationwide at the time of what came to be tagged ‘false memory syndrome,’ I wrote and later published a short story inspired by the spectacular miscarriage of justice…. The thrust of my story was popular hysteria and jaundiced, ambitious therapists together with a grievous breakdown of the judicial system….

“I believe that behind the recovered memory and child abuse therapeutic notions of that time, so destructive of the lives of the Edenton Seven and many others, lies Freud’s almost immeasurable popular impact on our now so heavily sexualized culture – though the easy lure of the witch hunt seems to have been all too contagious in Edenton’s fearful, credulous and manipulable parents as well.”

– Historian and writer John L. Romjue of Yorktown, Va., responding to “Remembering the shame of the Little Rascals Day Care case” at North Carolina Miscellany (Oct. 24, 2011)

Although “Witches of Devon,” the title story in Mr. Romjue’s 2002 collection, veers dramatically from the course of the Little Rascals case, it does indeed capture the essence: “It had started as a rumor – and not about molestation, not at first. There had been an ‘assault’ incident at Happy Children (day care). Joanne Jamison had spanked a little girl’s bottom and not suitably apologized to the mother….”

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.

Jan. 23, 2012

Last week I visited Avery-Mitchell Correctional Institution in Spruce Pine to talk to Junior Chandler, who soon will have served 25 years on charges strikingly similar to those in the Little Rascals case.

Junior, now 54, may well be the last still-imprisoned victim of the ritual-abuse contagion that swept the nation’s day cares in the ’80s and early ’90s.

I’ll be updating his case soon.

In Junior’s former life in the mountain town of Revere, he told me, he was close to his parents, his wife and two boys, his two brothers.

Early on, he and his brothers helped their uncle grow tobacco and corn. Before driving a van for the Madison County Day Care Center, he had worked for the Forest Service, the Department of Transportation and Southern Railroad. At least one job he gave up because it interfered with his softball tournaments and night fishing.

In prison, visits from his family became less frequent, and eventually his wife filed for divorce. “Two life sentences,” Junior says. “She couldn’t wait, you know.” And his sons couldn’t keep watching him aging away in his prison grays.

When his father died in 1997, he attended the funeral in handcuffs. He worries about his mother, who recently suffered a stroke.

He sleeps in a bunk bed in a dorm with 33 other inmates. His assigned janitorial job is cleaning meal trays. For relaxation he plays volleyball and horseshoes, watches Westerns on TV, reads a little. His only write-up was a scuffle not long after he arrived. “It’s learning to walk away and how to carry yourself,” he says.

Of course I was touched by Junior’s deep sadness and resignation. Sometimes I find it too easy to minimize the emotional havoc wrought by incarceration of the guilty – just imagine what it must be like for the innocent.