April 6, 2015

A team from the Duke Wrongful Convictions Clinic recently traveled to Buncombe and Madison counties to collect documents from court clerks’ offices, to interview witnesses and to inspect locations where Junior Chandler allegedly abused children who rode his day-care bus.

Billy Chandler, Junior’s brother, and Clayton Rice, his lifelong friend, guided the Duke investigators (and me) along Junior’s daily route. The narrow, twisting backroads led us to the sites along the French Broad River where prosecutors claimed Junior had repeatedly committed the most bizarre sexual crimes imaginable.

The photo at the right shows a typical vantage. It has always seemed incredible to me that Junior – as described in Mark Montgomery’s amended petition for writ of certiorari – “would drive off his route to a parking area next to the French Broad River, strip the clothes off the toddlers, troop the naked children down to the river, put them on a rowboat, proceed to insert various objects into their anuses and vaginas, bring them back to the bus, put their clothes back on and deliver them home.”

Actually visiting and walking around the supposed crime scenes, which are completely open to neighbors and passersby, only reinforces my impression: The allegations against Junior are simply inconceivable.

So where do things stand as Junior Chandler approaches his 29th year in prison? Clinic co-director Theresa Newman provided this cautious update: “The Duke Wrongful Convictions Clinic has spent the past few months studying the file passed to them by previous post-conviction counsel, researching the developments in the relevant medical and psychological science since the mid-1980s, and otherwise trying to master this complicated and complex case. We are now moving into the next phase of our typical investigation….”

The title of Newman’s illuminating TEDx talk at Elon University couldn’t be more apt: “Waiting is a Beast.”

June 29, 2012

“One month after drawing national attention when she dismissed final charges involving the children at the day-care center, (Nancy Lamb) clings to her belief that Robert Kelly is a child molester….

“Still, she admits it’s not easy to explain why none of the defendants have turned against each other, even though they were offered deals by her office.

“ ‘You did have kind of a group dynamic going on where they did hang around together and support each other and encourage each other to hang tough,’ Lamb said.”

– From the Norfolk Virginian-Pilot, July 2, 1997

Aug. 1, 2017

“In the McMartin case, the defense used videotapes of therapists’ interviews with the children to suggest that the idea of abuse had been implanted.

“[Ofra] Bikel says, ‘The authorities in North Carolina [in the Little Rascals case], who I know met with the McMartin prosecutors, learned from them that the therapists’ notes should just be summaries. They learned that if you want to win a case, it’s a bad idea to have tapes around.’

“The prosecution interviewer [Brenda Toppin] is shown testifying that she cannot say why her original interview notes were destroyed: ‘It’s just a lot of extra paper,’ she said.”

– From “Justice Abuse? ‘Frontline’ Documentary Takes Hard Look At A Small-town Scandal” by Bart Mills in the Chicago Tribune (July 20, 1993)

Dec. 10, 2017

“Controversy over the credibility of children’s testimony has congealed into a debate between those who demand that we ‘believe the children’ no matter how outlandish their allegations and those who maintain that children are inherently so suggestible that their testimony can never be relied on upon. An interesting question that remains is why children are not believed when, as often happens, they specifically deny charges at the time they first arise….

“Why isn’t the child allowed to say no? A widening body of research shows that repeated questioning of children, especially by authoritative adults with a specific bias, will often lead to answers that conform to the interviewers’ expectations….

“Divorce, neglect, unsafe neighborhoods, bad schools – these primary social problems are not the fault of the people to whom we have entrusted our children. Forcing children to invent stories of abuse is abuse….”

– From “Child-care Demons” by Lawrence Wright in The New Yorker (Oct. 3, 1994)