July 24, 2013

“(Edenton police officer Brenda) Toppin, who conducted the first interviews of children allegedly abused at the center, testified that ‘In the early interviews, I had very few children disclosing to me…. Most of the children were not telling me specifically about Mr. Bob.’

“ ‘Red flags,’ however, caused her to continue her questioning. The ‘red flags’ included children being tense when the subject of the day-care center was mentioned, she said, and not talking to her as normal children would.”

– From the Associated Press (December 4, 1991)

It doesn’t take much reading between the lines to see Brenda Toppin’s persistence in the face of “very few children disclosing to me” or her overreaction to those absurdly vague “red flags.”

A surviving fragment of tape laid out even more saliently her abusive interview technique. Read for yourself a transcript of one of Toppin’s interviews with a child. The transcript entered the court record during the appeals process.

Jan. 25, 2017

“Why is there such a cultural bias toward stories of abuse – and especially toward grotesque and absurd tales, even when there is no reliable evidence that any crime occurred in the first place?

“The very people we count on to protect our society – prosecutors, police, social workers, jurors, even parents – are eliciting fantasies from children that express our worst collective fears. ….

“The libel that our society has imposed on child-care workers is a kind of projection of guilt for the damage that we ourselves have done, as parents and as a society. We have given our children to strangers to rear, and it makes us uneasy and fearful. Is it any wonder we have a bad conscience?…. ”

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

Dec. 8, 2013

“Obviously, there’s a modern trend towards more limited use of executive clemency that extends beyond the current president. I speculate that the increased media scrutiny given to pardons and commutations has made presidents reluctant to exercise clemency…..

“The same trend… may be present in North Carolina as well…. Most of Governor Easley’s pardons were in cases in which DNA evidence exonerated the defendant, while almost all of Governor Perdue’s pardons concerned the racially tainted Wilmington 10 cases…. It is too early to tell how much, or how little, Governor McCrory will exercise executive clemency.”

– From “Do Only Turkeys Get Pardons?” by Jeff Welty at the North Carolina Criminal Law blog (Dec. 5)

The chart above, compiled by Welty, a faculty member at the University of North Carolina School of Government, depicts poignantly the odds faced by Junior Chandler and others pursuing clemency from recent North Carolina governors.

Since Jim Hunt left office in 2001, pardons have become historically scarce, paralleling the drop-off at the presidential level.  But that smattering of clemency, as Welty points out, is most like to occur in December, under cover of the Christmas spirit.

April 10, 2016

“(Daniel Green’s) Durham-based defense team says it has new evidence that challenges major parts of the prosecution’s case, while bolstering their request for a new trial. They claim that misleading testimony and misconduct by the prosecutor and jury helped send Green to prison for (the 1993 murder of James Jordan) he did not commit.

“The evidence outlined in court documents includes… a sworn statement from the jury forewoman who admits she did her own investigation of Jordan’s murder, which violated a judge’s order. Paula Locklear says that during the trial, she visited the South Carolina creekside where the body was found and developed her own theory on how the killing occurred. A Charlotte legal expert says her action amounts to a ‘tremendous problem’ for the original case and could get Green’s conviction overturned….”

– From “New questions raised in slaying case of Michael Jordan’s father” by Michael Gordon and Mark Washburn in the Charlotte Observer (April 9) (cached)

Sound familiar? It should! As a juror in Bob Kelly’s trial, Dennis T. Ray not only conducted his own “crime” scene surveys, but also shared a Cosmopolitan article about how to identify child molesters, relayed incriminating claims from a jailhouse snitch and even displayed a supposed “magic key” described by child witnesses.

Unfortunately, Judge Marsh McLelland didn’t consider Ray’s rogue behavior – or that of a second juror, who dramatically revealed during deliberations that he himself had been abused as a child – to be a “tremendous problem.”

In fact, McLelland found precious few reasons to take issue with the prosecution’s case.

Read more here (cached here).