March 18, 2013

“When I look back, I think my greatest mistake (was) my failure as editor of the News & Observer to make sure we had a top-notch investigative reporter on the Little Rascals case in Edenton.

“Our regional person was adequate as a regional correspondent, a full-time staffer, but he was not the person to see what was wrong with this case and to do the necessary digging to root it out.

“That prosecutor had gone wild, eaten up by ambition, I suppose, to hang these people, these people who operated the Little Rascals Day Care Center, no matter how.

“…All the kids talked about being borne through the air this way and that way and flying all over, and it was crazy stuff.

“As it turned out, (the Edenton Seven were eventually released), but it wrecked their lives forever. And I still feel sorry about that, still feel sorry about it.

“I think had we sent someone like Pat Stith down there, that would have been it.

“But see, at that time, Edenton already was a pretty far reach for the News & Observer…. (Our) pulling out of eastern North Carolina (to cut expenses) might have affected my thinking (about) whether we were really responsible for doing something about that miscarriage of justice.”

– From an interview with Claude Sitton, editor of the Raleigh News & Observer from 1968 to 1990 (Southern Oral History Program, Southern Historical Collection, UNC Chapel Hill, July 12, 2007)

June 10, 2013

“The danger posed by courts and prosecutors who abdicate their responsibilities to uphold the Constitution in favor of overwhelming community sentiment was recently illustrated in State v. Robert Fulton Kelly Jr.

“The trial prosecutor and the Superior Court judge were so overwhelmed by community sentiment that the trial was converted from a proceeding to adjudicate Mr. Kelly’s guilt or innocence into a forum to assist the families of the scores of alleged child victims recover from the gut-wrenching allegations of the 100-count indictment. The result: Justice was poorly served.

“The individuals thought to be victims and their many family members, loved ones and neighbors were frustrated, angered and in the end felt cheated. The individuals accused of heinous abuse of scores of children were deprived of a fair trial and deprived of liberty for more than three years.”

– From a talk by Henderson Hill, director of the N.C. Resource Center, Office of the Appellate Defender, at the Senator Sam J. Ervin Jr. Constitutional Issues Program, (May 18, 1995)

Aug. 24, 2014

“The following dialogue is from Daniel Goleman’s article ‘Studies Reflect Suggestibility of Very Young as Witnesses,’ in the New York Times (June 11, 1993). It is an excerpt from 11 interviews of a four-year-old boy, who each week was told falsely: ‘You went to the hospital because your finger got caught in a mousetrap. Did this ever happen to you?’

“First Interview: ‘No. I’ve never been to the hospital.’

“Second Interview: ‘Yes. I cried.’

“Third Interview: ‘Yes. My mom went to the hospital with me.’

“Fourth Interview: ‘Yes. I remember. It felt like a cut.’

“Fifth Interview: ‘Yes.’ (Pointing to index finger….)

“Eleventh Interview: ‘Uh huh. My daddy, mommy, and my brother (took me to the hospital) in our van…. The hospital gave me . . . a little bandage, and it was right here’ (pointing to index finger).

“The interviewer then asked: ‘How did it happen?’

“ ‘I was looking and then I didn’t see what I was doing and it (finger) got in there somehow…. The mousetrap was in our house because there’s a mouse in our house…. The mousetrap is down in the basement next to the firewood…. I was playing a game called “Operation” and then I went downstairs and said to Dad, “I want to eat lunch” and then it got stuck in the mousetrap…. My daddy was down in the basement collecting firewood…. (My brother) pushed me into the mousetrap…. It happened yesterday. The mouse was in my house yesterday. I caught my finger in it yesterday. I went to the hospital yesterday.’ “

– From “Case Study of Implanted Memory” by Martin Gardner in Skeptical Inquirer (Fall 1994)

Does this experiment’s series of 11 interviews strike you as extreme? For at least one of the Little Rascals children, Judith Abbott, lead therapist for the prosecution, conducted biweekly sessions for six months!

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….