April 4, 2016

Junior Chandler may be the last still-imprisoned victim of the “satanic ritual abuse” day-care panic.

Chandler was a driver for a Madison County, N.C., day care. The prosecutor alleged that Chandler, in the words of appellate attorney Mark Montgomery, “would drive off his route to a park by a river, strip the children of their clothes, troop them down to the river, put them in a rowboat, commit various sexual acts, put them back on the bus and take them home.”

Based almost exclusively on hearsay and no-longer-permissible expert “vouching,” Chandler was convicted in 1987 and sentenced to two life sentences. This month he will begin his 30th year behind bars for a crime that never happened.

March 28, 2016

“I was thinking about recent public panics and started listing a few of them in my mind. This is just off the top of my head:

• Crack babies
• Super predators
• Lehmann/AIG/Countrywide etc.
• Mad cow
• Deepwater Horizon
• Daycare child molesters
• Ebola
• ISIS/Syrian refugees

“I’m not saying that none of these were justified. Big oil spills are no joke. Ebola was certainly a big deal in Africa. The financial collapse of 2008 wasn’t mere panic.

“And yet, generally speaking it seems as if public panics are either completely unjustified or else wildly overwrought. Am I missing any recent examples where there was a huge panic and it turned out to be wholly justified? HIV would have been justified in the early ’80s, but of course we famously didn’t panic over that — other than to worry about getting AIDS from toilet seats. Help me out here….”

– From “Do We Panic Too Much? (Spoiler: Yes We Do)” by Kevin Drum at Mother Jones (March 24)

March 21, 2016

“Once again advocates of the much discredited Satanic Abuse Panic are making claims of widespread child abuse across Britain.

“Scotland appears to have become caught up in a nationwide frenzy of superstitious irrationality. This moral panic exhibits typical clichés of sensationalist psychology. In England, the case of Carole Myers/Felstead – whose family were falsely accused of an endless variety of insane criminal acts – has comprehensively demonstrated that the existence of Satanic Cults preying on vulnerable children is a myth created on the therapist’s couch…. Real victims of abuse are being let down by focusing on this nonsense.”

– From “Recent Satanic Abuse Claims in Scotland” by the British False Memory Society (March 10)

For whatever reason, the UK seems especially resistant to having its fingers pried from the myth of “satanic ritual abuse,” which migrated from the States in the late ’80s.

March 17, 2016

The award-winning documentary “The Trials of Darryl Hunt” was released in 2006, but of course Hunt’s world-famous exoneration only freed him to face new trials on the outside – most recently divorce and cancer.

Winston-Salem police Wednesday attributed his death to suicide by gunshot.

Amazingly, Darryl Hunt overcame the unspeakable damage done by 19 years of wrongful imprisonment to build a life of righteous achievement. I’m choosing to remember his journey, not its end.

March 16, 2016

“Thank you for providing a site to keep this tragedy alive….  I was a daycare/preschool owner/administrator for 20 years ending in 1995. The primary reason I retired early was watching (“Innocence Lost”) on PBS and realizing anyone at any time could accuse me of abuse lies and my life and career would have been ruined….”

– From a letter from a Wisconsin reader

Such fears were not unfounded, of course – or uncommon.

March 14, 2016

Darryl Hunt, imprisoned for more than 19 years for a murder he did not commit, was found dead in a car in Winston-Salem early Sunday.

“In 1984 at age 19, Hunt was charged with the rape and murder of a newspaper copy editor….” Read more here.

“Hunt was exonerated in 2004 after DNA evidence led police to Willard Brown, who confessed to the killing, and pardoned by then-Gov. Mike Easley.” Read more here.

He was awarded a settlement of more than $1.6 million in 2007 and founded the Darryl Hunt Project for Freedom and Justice,  an advocacy group for the wrongfully convicted.

“But Hunt was also haunted by his experiences, said those who knew him. He would use ATMs daily, not so much to get money but so he could create a time-stamped receipt and an image recording his location.” Read more here.

“The trauma of wrongful convictions, years in prison, and the responsibilities he took on after he was free wore Hunt down, (his longtime attorney, Mark Rabil) said.

“ ‘In the long run, he eventually got the death penalty,’ Rabil said.” Read more here.

– From “Darryl Hunt, wrongly convicted of murder, found dead” by Lynn Bonner in the News & Observer (March 13)

Exoneration – what a beautiful word. Misleadingly beautiful for those who forever bear the wounds of wrongful conviction.

In 2007 a New York Times study of 137 DNA exonerees showed that “most of them have struggled to keep jobs, pay for health care, rebuild family ties and shed the psychological effects of years of uestionable or wrongful imprisonment.

Another study suggests New York state parolees experienced “a 2-year decline in life expectancy for each year served in prison.”

Perhaps most chilling: Darryl Hunt surely ranked as one of exoneration’s most heartening success stories.

March 13, 2016

“Fran and Dan Keller have been released from a Texas prison after 21 years, yet still have little freedom of movement or circumstance, or even quality of life. Their 1992 conviction on multiple counts of ‘sexual assault of a minor’ – in the now notorious Fran’s Day Care case – has effectively been overturned by a 2015 Court of Criminal Appeals ruling ‘granting relief’ to the Kellers on a single question of retracted medical testimony. But the ruling was not accompanied by actual exoneration from the allegedly heinous crimes.

“Only a single appeals court judge – Cheryl Johnson – was willing to admit no crime had in fact occurred. ‘This was a witch hunt from the beginning,’ wrote Johnson, in her opinion concurring with the opaque ruling of the full court. Johnson would have granted relief on all the Kellers’ claims, and would have acknowledged that the entire prosecution had been an egregious folly.

“The limited ruling, while welcome in itself, left the Kellers in a legal limbo – permanently accused but not cleared…. required to somehow further demonstrate their innocence – of crimes that never happened….”

– From “Learning From Our Mistakes” by Michael King in the Austin Chronicle (March 11) (cached)

So who thwarts the hapless Kellers? Yes, yet another prosecutor who sets the bar for exoneration stratospherically high. Although District Attorney Rosemary Lehmberg (here’s why her name rings a bell) supported their release, she now finds herself unable to “find a path to innocence” without the deal-sealing exculpation of DNA evidence. Those darn imaginary criminals sure do clean up after themselves….

March 7, 2016

“Have any public officials apologized to Dudley?

“No.”

– From “Howard Dudley’s new life: restaurants, cellphones and a cemetery visit” (cached)  by Joseph Neff in the News & Observer (March 5)

Aw, what’s to apologize for – it was only 23 years of wrongful imprisonment  (cached)….

March 3, 2016

“From the McMartin preschool trial in the United States in the ’80s … not one ‘satanic abuse’ network in the modern context has ever been proven to exist.

“Despite this fact people tend to remember the sensationalism of each case, and the fear and rumors generated by them. Not the final verdict, which has always been acquittal or at least the overturning of a wrongful conviction. The truth of each case gets lost in time….”

– From “Satanic Ritual Abuse: 7 Fictions That Created A Mythology” by Keelan Balderson at WideShut  (March 8, 2015)

What might it feel like, all these years later, encountering people who vaguely remember your prosecution for “satanic ritual abuse” at Little Rascals – but not your exoneration?

March 1, 2016

“It would be hard to imagine a more glaring judicial conflict of interest than the one the Supreme Court considered in a case out of Pennsylvania on Monday.

“In 1986, Terrance Williams was convicted of killing a man named Amos Norwood with a tire iron when he was 18. Prosecutors in the Philadelphia district attorney’s office sought the death penalty, and got it….

“A state court found that the prosecutors had lied, and vacated Mr. Williams’s sentence. But the Pennsylvania Supreme Court unanimously reversed that ruling. The court’s chief justice at the time, Ronald Castille, wrote a concurring opinion criticizing the lower court’s ruling for ‘condemning’ the prosecutors.

“The problem was that Mr. Castille himself led the district attorney’s office when it prosecuted Mr. Williams, and personally authorized seeking the death penalty in that case…. Nevertheless, he refused to recuse himself from Mr. Williams’s case….”

– From “Should a Judge Rule on His Own Case?” editorial in the New York Times (Feb. 29)

Meanwhile in North Carolina, prosecutors yet again show great interest in maintaining their conviction rate and little if any in ensuring justice has been done (text cache).