Jan. 12, 2016

“There are strong similarities between the confessions taken from accused witches in early modern Europe, the testimony of Satanic ritual abuse taken by modern therapists, and accounts of alien abduction given under hypnosis.

“In each of these narratives, a subject describes horrible sexual transgressions performed on them at the hand of a mysterious other: the thorny penis of the Devil, the bizarre anal insertions of Satanists, and the mysterious probing of aliens.

“The motive behind these sexual acts is never revealed and the existence of the perpetrators is usually in doubt….”

– From “Carnal Knowledge: The Epistemology of Sexual Trauma in Witches’ Sabbaths, Satanic Ritual Abuse, and Alien Abduction Narratives” (abstract) by Joseph Laycock in Preternature: Critical and Historical Studies on the Preternatural (2012)

Did prosecutors and therapists even attempt to ascribe any cause or context to the “bizarre anal insertions” common to the day-care allegations? Candles, Magic Markers, burning flower stems?

Did they think such shocking behavior had appeared full blown out of nowhere? On the list of known sexual perversions exactly which box – or boxes! – would they check?

Jan. 6, 2016

“Many fans of (the hit Netflix documentary) Making a Murderer, which sheds light on questionable conduct by prosecutors and police involved in (Steven) Avery’s conviction, view the 53-year-old’s imprisonment as a miscarriage of justice and petitioned President Obama to pardon Avery. The online petitions have garnered more than 200,000 signatures.

“There’s just one problem: Avery is a state prisoner convicted under state law. The president only has the constitutional power to pardon or commute sentences in the federal system.

“Fans of Making a Murderer who believe Avery deserves clemency should consider signing this petition addressed to Wisconsin Gov. Scott Walker, which has so far been signed by just 1,033 people….”

– From “Hey, Making a Murderer Fans: Obama Can’t Pardon Steven Avery” by Leon Neyfakh at Slate (Jan. 4)

Junior Chandler’s application for gubernatorial clemency was rejected in 2014 and isn’t eligible for reconsideration until March 25, 2017.

But those who believe almost 30 years in prison is adequate punishment for a nonexistent crime may express their opinion by writing

Executive Clemency Office
4294 Mail Service Center
Raleigh NC 27699-4294

Meanwhile, the Duke Wrongful Convictions Clinic continues to investigate Chandler’s case.

Jan. 2, 2016

“The CIA’s use of its enhanced interrogation techniques was not an effective means of acquiring intelligence… and on several occasions produced inaccurate information….

“Despite declaring the program a ‘success,’ there was no evidence of any independent evaluation concluding that it was effective, only internal assessments by CIA officials and contractors with a financial interest in the program.

“The CIA rarely reprimanded or held personnel accountable for serious and significant violations, inappropriate activities, and systemic and individual management failures….”

– From “20 Key Findings from CIA Torture Report” in Congressional Quarterly News (Dec. 9, 2014)

Sound familiar? Too little prudence, too much hubris?

Yes, the Pentagon’s recent recognition of the American Psychological Association’s disavowal of practices at Guantanamo brings to mind a different kind of “enhanced interrogation” – no waterboarding, but just as corrupt.

The Little Rascals prosecution’s well-paid and single-minded therapists seem to have recognized no ethical barriers in extracting phony claims from the children they interrogated so relentlessly. And neither prosecutors nor therapists were ever held accountable.

Dec. 28, 2015

“One problem with pardons is that Presidents have considered them in secret, springing the decisions on the public only after they have been made. In high-profile cases, like Gerald Ford’s pardon of Richard Nixon or Bill Clinton’s pardon of the fugitive financier Marc Rich, the political repercussions have been disastrous.

“But Obama could avoid this problem with some innovation – and sunshine. Over the last year of his Presidency, his Administration should publish the names of people being considered for pardons. In this way, members of the public can make their views known about the wisdom (or lack thereof) of letting each individual out of prison.

“All Presidents and governors (who also have pardon power) are haunted by the possibility that they might release someone who goes on to commit horrible crimes. (Former Governor Mike Huckabee of Arkansas pardoned several people who did just that.)”

– From “It’s Time for Obama to Go Big on Pardons” by Jeffrey Toobin in the New Yorker (Dec. 22)

Yes, the risk attached to granting pardons is real. But is it even possible for someone convicted of an imaginary crime – such as the Edenton Seven and Junior Chandler – to be a recidivist?

Dec. 17, 2015

“Three men convicted of murder by arson for a 1980 fire in Brooklyn (were) exonerated on Wednesday….

“What carried the three men into prison was not reliable evidence of an intentionally set blaze, but rather an arson investigation that was more like shamanism than science, rooted in hunches and folklore and disconnected from the dynamics of actual fires. Like the comparisons of bite marks, hair and handwriting, it was a forensic practice that had the authority of white-coat laboratory science but virtually none of its rigor….”

– From “Between Guilt and Innocence, an Evolution in Fire Science”
by Jim Dwyer in the New York Times (Dec. 16)

Hats off to District Attorney Ken Thompson, who moved to vacate the three convictions, citing “circumstantial evidence, outdated science and the testimony of a single, wholly unreliable witness….”

Columnist Dwyer is reminded of a statue at the University of Pennsylvania Law School depicting a mythological Chinese beast believed to have the ability to tell the guilty from the innocent by butting them. Inscribed on its base: “Slow and painful has been man’s progress from magic to law.”

“Slow and painful” indeed. Ask Junior Chandler, who has been imprisoned since April 17, 1987, for committing the magical crime of “satanic ritual abuse.”

Dec. 16, 2015

On this day 25 years ago: Bonds for Little Rascals employees Robin Byrum and Dawn Wilson are reduced to a still excessive $200,000 – Byrum’s from $500,000, Wilson’s from $880,000.

Byrum will be released four days later, Wilson not for eight weeks.

Because she went to trial and the jury returned a guilty verdict (eventually overturned), Wilson’s story is much better known.

But Byrum suffered her own coercive torture at the hands of prosecutors before charges were dropped in 1996.

Nineteen years old when she was arrested in January 1990, she spent almost a year in jail, leaving her 7-month-old baby in the care of her husband. Had she agreed to testify against Bob Kelly, she could have walked out a free woman – and mother.

In “Innocence Lost: The Plea” (1997), Byrum explained why she had been tempted by but repeatedly refused the prosecutors’ deal:

“…. I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I (said I) did something when I didn’t do it.”

Dec. 8, 2015

“It is over 20 years since the rash of allegation that rituals of devil worship, including the sexual abuse of children, the sacrifice, and (sometimes) eating, of animals, children and even babies as well as other extreme acts of depravity were being conducted across the U.K. In 1994 I reported to the Department of Health that in the 84 cases in England and Wales that were the basis of my research, I could find no supporting evidence for the existence of such a satanic cult.

“The allegations have not stopped however, although they no longer get the publicity they used to have as, officially, satanic or ritual abuse no longer exists. It is not mentioned in guidance to social workers on the subject of abuse of children. However, a particularly unpleasant case that occurred in Hampstead in 2014 has recently been widely reported in the press….

“The persistence of these allegations into the 21st century repeats the questions that I thought I had answered at the end of the 20th! This is, first: how is it that ‘victims’ can tell stories of gruesome experiences that they never had? Secondly: how is it that adults, many of them sensible, educated people, believe these stories?….”

– From “Jean La Fontaine on Satanic Ritual Abuse Panic” at the British False Memory Society (Nov. 19)

Nov. 27, 2015

“We cannot bring criminal prosecutions based upon what we think the facts might be, out of our love for animals or in response to public pressure. Down that road lies the wreckage of the Duke lacrosse case, the Little Rascals Day Care case and other prosecutorial misadventures…..”

– District Attorney J. Douglas Henderson, explaining his dismissal of animal cruelty charges against the former director of the Guilford County (N.C.) Animal Shelter

An animal shelter isn’t a day care center, euthanasia isn’t “satanic ritual abuse” and Henderson’s decision hasn’t met with unanimous community support, but how encouraging to see a DA who seems to have learned appropriate lessons from two of the state’s most notorious “prosecutorial misadventures.”