Sept. 5, 2016

“Police say they are doing extra patrols in a Winston-Salem neighborhood after two children reported seeing a clown trying to lure kids into the woods with treats…. and one adult reported hearing the clown.

“Officers say they found no evidence of a clown in the woods.

“About four hours later, a caller who refused to give a name reported seeing a clown about 2 miles away. Police say again they found no evidence of a clown.

“Several unverified clown sightings in northern South Carolina have been in the news recently.”

– From “Winston-Salem police increase patrols after clown sightings” in the News & Observer (Sept. 5)

“The rumor has traveled like a Halloween ghost – from Wilson to Coats to Apex to Raleigh.

“Perplexed law enforcement agencies statewide have been fielding inquiries for weeks about stubborn – but unfounded – rumors of a plan by unidentified Satan worshipers to kidnap and sacrifice children….between the ages of 2 and 5 for a human sacrifice on Halloween.

“Sheriff Freddy W. Narron of Johnston County said rumors seem to have started after a local newspaper printed articles about Satanic cults.”

– From “Rumors of satanists kidnapping children are tough to snuff out” in the News & Observer (Oct. 28, 1989)

What fertile ground North Carolina, circa 1989, provided for hysteria about 2- to 5-year-olds. The sheriff of Johnston County seems to have summoned considerably more skepticism about farfetched rumors than the Little Rascals prosecutors. Within three months of the Halloween panic all of the Edenton Seven had been arrested.

What sequela might we expect from the Great Clown Panic of 2016? Prosecutors, line up your child witnesses!

Aug. 23, 2016

“Connell School of Nursing Professor Ann Wolbert Burgess, a pioneer in the field of forensic nursing and an internationally recognized leader in the treatment of victims of trauma and abuse, has been designated a ‘Living Legend’ by the American Academy of Nursing, the academy’s highest honor.

“Burgess is being recognized this year for multiple contributions to the nursing profession and society. [Her] research and books cover topics such as serial killers and rapists, kidnapping, sexual victimization and exploitation of children, cyber crimes, sexual abuse, and elder abuse….”

– From “A ‘Living Legend’ ” by Kathleeen Sullivan in the BC [Boston College] News (Aug. 23)

Yet again, a key fomenter of the “satanic ritual abuse” day care panic takes a career achievement bow, plowing unapologetically past the wrecked lives of the wrongfully prosecuted.

Here’s how Debbie Nathan and Michael Snedeker described Burgess in 2001 in “Satan’s Silence: Ritual Abuse and the Making of a  Modern American Witch Hunt”: “promoter of the use of children’s drawings to diagnose sexual abuse, developer of the idea of the sex ring, participant in developing the case that imprisoned the Amirault family and currently a researcher into the traumatic aftereffects of ritual abuse.”

Most grievous for the Little Rascals defendants, it was Ann Wolbert Burgess who led a three-day conference in Kill Devil Hills  just months before Bob Kelly’s arrest. The agenda: learning how to spot child molesters operating day-care facilities.

I’ve asked Professor Burgess to look back at her role in Little Rascals. No response – maybe she intends to bring it up in her acceptance speech.

Aug. 13, 2016

“A bill to increase criminal penalties for prosecutors who intentionally withhold or falsify evidence is headed to the [California] state Senate after being approved in committee.

“The measure by Assemblywoman Patty Lopez, D-San Fernando, would upgrade the violation from a misdemeanor to a felony for offending prosecutors. It’s already a felony for police officers to withhold or falsify evidence. The proposal provides for sentences of 16 months, two years and three years.

“The bill received the go-ahead from the Senate Appropriations Committee despite opposition from prosecution groups that say it is redundant and potentially costly.

“Opponents say that boosting the penalty for prosecutors would bog down the courts and that prosecutors already are subject to sanctions by the state Bar Association when they commit misconduct.

“Supporters argue that judges and the Bar rarely take action against offenders.”

– From “Bill boosting penalty for prosecutor misconduct gets OK” by Tony Saavedra in the Orange County Register (Aug. 11)

Is it possible that other states, such as California, aren’t as timid in disciplining prosecutors as is North Carolina?

Aug. 11, 2016

“[North Carolina] Assistant Attorney General Jess Mekeel said [Johnny] Small’s motion should be dismissed.

“ ‘Innocence is in vogue now,’ he told the judge, the Associated Press reported.

“Exonerations are certainly on the rise. Last year, about 150 people were exonerated, a record number, according to the National Registry of Exonerations….

“Mekeel [said] he considers reopening cases based on recanted testimony to be a threat to the American legal system.

“ ‘This is an attempt to retry a 28-year-old case. Twelve jurors made that determination already. They heard the evidence. They concluded the defendant was guilty,’ Mekeel said, according to WRAL. ‘They jeopardize the stability and reliability of our justice system.’ ”

– From “Man spent 28 years in prison after his friend accused him of murder. Now, the friend said he lied” by Travis M. Andrews in the Washington Post (Aug. 9)

“Innocence is in vogue now” – what a revealing glimpse of the inner prosecutor! As if exonerations were a fad, an unwarranted threat to “the stability and reliability of our justice system.”

Is it any wonder that district attorneys such as Jon David so eagerly pursue innocence advocates such as Chris Mumma?

Aug. 6, 2016

It’s appalling to see the New York Times, in its Aug. 5 obituary on Chris Costner Sizemore, “the real patient behind ‘The Three Faces of Eve’, quote as experts Dr. Colin A. Ross and Dr. Richard Kluft, psychiatrists who validated and promoted the “satanic ritual abuse” moral panic of the 1980s and early ’90s.

For decades Dr. Ross has spun out cockamamie ideas from supernatural “eye beams” to CIA conspiracies. And as recently as a 2009 interview on CBS “Sunday Morning,” Dr. Kluft confidently posited a nationwide epidemic of undiagnosed cases of “multiple personality disorder”:

Tracy Smith: So do you think that there are, what, thousands of people walking around out there with MPD who don`t even know it?

Kluft: Oh, easily.

Smith: Tens of thousands?

Kluft: Easily.

Smith: Hundreds of thousands?

Kluft: Easily.

Smith: Millions?

Kluft: We might be at that level.

Do Ross and Kluft really provide the kind of authority the Times needed for this story?

The full obituary on Chris Costner Sizemore is here, cached here.

Aug. 5, 2016

“Perhaps the virtue of these true-crime stories isn’t how they affect specific cases (indeed, without new and objective evidence that calls into question criminal convictions, it’s important – for the sake of the rule of law – to let decisions stand).

“Instead, series such as ‘Serial’ could have a positive impact on how ordinary Americans – the people who sit on juries and elect local prosecutors and judges – view criminal trials.

“Maybe we’ll be more willing to hold those running for local offices accountable for presenting fair cases and working to eliminate bias against the poor or minorities.

“Maybe we’ll be more appropriately skeptical of cases built on witness testimony alone, or question whether investigators used intimidation or unfair interrogation to get inaccurate information from witnesses….”

– From “How the ‘Serial’ podcast is challenging the criminal justice system” by Robert Gebelhoff in the Washington Post, July 6 (via the Denver Post)

July 29, 2016

“Sometimes prosecutors withhold exculpatory evidence of a defendant’s innocence, and don’t turn it over until they are forced to. Take a look at the exonerations reported in recent years and you will see a pattern of prosecutors continuing to fight against our release even when our innocence is uncovered. Many innocent prisoners have been buried alive in these prisons by this kind of corruption….

“How do the culprits sleep at night? Well, to be honest, these people have no consciences. It’s like any other day at the job for them. Some have built their careers on the backs of us innocent prisoners, and now they sit in high places.

“Until the day comes when culprits responsible for wrongful convictions are held fully accountable – wrongful convictions will never stop.”

– From “When Courts Are Used As A Weapon Against The Innocent” by Lorenzo Johnson at Huffington Post (July 12)

Johnson had served 16 1/2 years of a life-without-parole sentence when in 2012 the Third Circuit Federal Court of Appeals found insufficient evidence for his conviction. He remained free for four months, after which the U.S. Supreme Court unanimously reinstated the conviction and ordered him back to a Pennsylvania prison. He continues to seek a new trial.