Sept. 1, 2014

The recent deaths of Little Rascals figures Patricia Kephart Hart (obituary cached here) and C. Harvey Williams remind me that the clock is ticking on the defendants as well. (Patricia Kephart, mother of one of the potential child-witnesses, dated and later married Assistant Attorney General Bill Hart; Williams was Edenton police chief.)

Others who have since died include Kirk Osborn, appellate lawyer for Dawn Wilson, and Bradford Tillery, the judge originally assigned to the case.

Let’s hope that none of the Edenton Seven, still awaiting exoneration from the state, shares the fate of Connie Tindall of the Wilmington 10.

Jan. 4, 2013

“Psychologist Jean Piaget reported that his earliest memory was of his nurse defending him against a potential kidnapper at age two. He distinctly recalled sitting frightened in the baby carriage while the nurse fought off the man (incurring a scratch on her face in the process), and the police officer chasing away the kidnapper with his short white baton. Piaget was even able to describe the officer’s uniform in detail. His family, relieved that the nurse had prevented his kidnapping, rewarded her with a gold watch.

“Thirteen years later, the nurse returned the gold watch to the family accompanied by a letter confessing that she had made up the story because she wanted to raise the family’s opinion of her.

“Piaget used this false memory to emphasize the role of others’ influences on one’s memories. He noted that the nurse frequently had recounted the story in his presence, and others then had repeated the story in his hearing, thus creating the memories he had adopted as his own.

“Piaget noted that even in his old age those memories persisted as clear events, even though he knew them to be false.”

– From “The Encyclopedia of the Brain and Brain Disorders” by Carol Turkington and Joseph Harris (2009)

Given this phenomenon of memory, it’s hardly surprising that no child-witness against the Edenton Seven has stepped forward to publicly recant.

July 21, 2015

“When Massachusetts exonerated the Salem victims in 1710 it overlooked six women. They remained missing through the 1940s and 1950s as the commonwealth considered pardons but could not seem to make up its legislative mind.

“One lawyer appearing before a Senate committee objected to ‘fooling with history.’ Some legislators feared expensive suits for damages. Others hinted that a pardon might knock Salem’s witches from their tourist-bewitching brooms. As the Commonwealth of Massachusetts had not existed in 1692, it surely had no jurisdiction over a verdict of Massachusetts Bay.

“On Halloween 2001 – weeks after we began to wonder anew about unseen evils – Massachusetts pardoned the last of the Salem witches….”

– From “The Witches: Salem, 1692” by Stacy Schiff (due Oct. 27) 

Aug. 14, 2013

“FARMVILLE – A juror in the trial of Robert F. Kelly Jr. testified Wednesday that it was an ‘amazing coincidence’ that information from a magazine article appeared in his notes about jury deliberations.

“Dennis T. Ray insisted during a hearing on Kelly’s bid for a new trial that he did not use information from a Redbook article about child molestation to evaluate Kelly’s guilt. Ray denied that he compared Kelly to characteristics of a molester listed in the article.

“But defense attorney David Rudolf vigorously attacked Ray’s credibility by referring to notes Ray made during the deliberations. Rudolf cited numerous phrases from the magazine article, such as ‘vast amount of child pornography’ and ‘sex fiend’ which were identical to phrases in Ray’s notes.

“Rudolf, his voice rising, asked Ray whether it was just coincidence that so many phrases from the magazine appeared word-for-word in his notes. Ray replied that ‘it must be’ because jurors did not have the article in the jury room. ‘The only explanation you have for this is that it is an amazing coincidence?’ Rudolf asked. ‘Yes, sir,’ Ray said.

“In another sharp exchange, Rudolf questioned Ray’s contention that he did not describe the article in an interview with a producer for (“Innocence Lost”). Ray said he told her (only) that there were books in the jury room. Rudolf: ‘You are under oath, sir.’ Ray: ‘I do not remember saying that to her. No, sir.’ Rudolf: ‘Did you say it or not? You are under oath.’ Ray: ‘I do not believe that I did.’

“Rudolf then played video tapes of the program that showed Ray describing the article. Ray said after viewing the video that he did not remember it.”

– From “Kelly lawyer attacks juror’s credibility” in the News & Observer (Jan. 20, 1994)

Dennis T. Ray seems to have been quite a loose cannon in the jury room. In addition to the “amazing coincidence” of the Redbook article, Ray also (according to other jurors cited in Bob Kelly’s appellate brief) “made visits to Edenton despite instructions by the trial court not to.

Mr. Ray also claimed to have talked with an inmate at Eastern Correctional Institution. According to Mr. Ray, the inmate, a convicted child molester, claimed to know Bob Kelly, and to have personal knowledge of Mr. Kelly’s guilt. The jurors said that Mr. Ray also displayed some sort of object that he claimed to be a ‘magic key’ referred to by several children.”

Unpersuaded that any of this mischief might have contaminated the jury’s decision-making, Judge Marsh McLelland rejected Bob Kelly’s motion for a new trial.