Jan. 2, 2013

What a bittersweet moment, reading Gov. Bev Perdue’s statement announcing her pardon of innocence for the Wilmington 10.

Surely, for the six surviving defendants, the pardon represents far too little justice, far too long delayed. But so many of Perdue’s words apply poignantly to a more recent “dark chapter in North Carolina’s history” – the prosecution of the Edenton Seven:

“I have decided to grant these pardons because the more facts I have learned… the more appalled I have become about the manner in which their convictions were obtained….

“This conduct (of prosecutor Jay Stroud) is disgraceful. It is utterly incompatible with basic notions of fairness and with every ideal that North Carolina holds dear. The legitimacy of our criminal justice system hinges on it operating in a fair and equitable manner…. That did not happen here. Instead, these convictions… represent an ugly stain on North Carolina’s criminal justice system….

“Justice demands that this stain finally be removed. The process in which this case was tried was fundamentally flawed….”

As noted previously, state government has continued to withhold exoneration from the Little Rascals defendants. In addition to these reasons that the Edenton Seven haven’t matched the Wilmington 10 in capturing the public eye, there is this notable difference in the two cases:

No one involved in prosecuting the Wilmington 10 remains in office, and the current Pender County district attorney has accepted Perdue’s decision without complaint. But two decades after prosecuting the Edenton Seven, Bill Hart and Nancy Lamb remain on the job, no doubt ready to beat down any hint of exoneration.

Nov. 7, 2012

“Mass hysteria always makes perfect sense when we are trapped in it. It can take decades – or even longer – before the crazed irrationality of a particular episode shows itself for what it was.”

– From “When Mass Hysteria Convicted 5 Teenagers” in The New York Times (October 27)

Thanks to a new documentary by Ken Burns, the Central Park Five – all convicted of a widely publicized 1989 rape and beating – will soon return to the spotlight. According to the Times,
Burns depicts “the forces that led citizens, politicians, the media and the criminal justice system to brush past yawning gaps in the evidence in the case.”

Beyond a shared year on the timeline of wrongful prosecutions, these urban teenagers, black and Hispanic, seem to have borne few similarities to the Edenton Seven. But I could never read  the  words “yawning gaps in evidence” without thinking of a Little Rascals prosecution built almost entirely on the resolutely manipulated, deceitfully paraphrased testimony of children.

Sept. 3, 2012

Since its creation by the General Assembly in 2006, the North Carolina Innocence Inquiry Commission has considered more than 1,100 innocence claims, three of which resulted in exonerations.  This is from a letter I wrote the Innocence Inquiry Commission requesting that it take up the case of the Edenton Seven:

“I am fully aware that my request falls outside the letter of your mandate. It is of such importance, however, that I believe consideration by the Commission would be both just and appropriate.”

And this is from the response I received from Kendra Montgomery-Blinn, executive director:

“By law the Commission is only permitted to consider claims arising from current convictions. We cannot consider cases in which the conviction was vacated, even if the claimants were not fully exonerated.

“I am familiar with the (Little Rascals) case as I studied it both in college and in law school. In fact, I cited the case in the brief for a 2007 Commission hearing….

“I am sorry that the Commission cannot be of further assistance. The only other option I am aware of is a Gubernatorial pardon. The surviving defendants from the Wilmington 10 case have recently applied for pardons.

“Thank you for contacting the Commission and for continuing to bring attention to this important case and the subject of wrongful convictions. I am proud that North Carolina is first in the nation to have a state-run innocence commission.”

Another door to exoneration is closed, however sympathetically. Others remain.

Footnote: The hearing Ms. Montgomery-Blinn mentions grew out of a 2001 case in Pitt County. Henry Reeves had been convicted of taking indecent liberties with his 6-year-old daughter, Marquita. This passage in the Innocence Commission’s investigative statement caught my eye:

“Barbara Hardy (the child’s mother and the defendant’s wife) stated that when Marquita came out of her sessions with Dr. (Betty) Robertson, Marquita would have gum or little presents, and Marquita would state ‘Look what she gave me for getting the questions right.’

“Mrs. Hardy said that she tried to tell Dr. Robertson that Marquita was a people pleaser  and may say things just to be rewarded, but Dr. Robertson said, ‘I believe it happened, and it’s going to court.’

“It is important to note that Dr. Robertson…. provided therapy and evaluations to 23 of the children in (the Little Rascals) case….”

Still rewarding possibly-abused children for “getting the questions right”?  Did Betty Robertson learn nothing from the 23 false positives she reported in Edenton?

Nov. 20, 2013

“GEORGETOWN, Texas – A former Texas prosecutor who won a conviction that sent an innocent man to prison for nearly 25 years agreed Friday to serve 10 days in jail and complete 500 hours of community service.

“Ken Anderson also will be disbarred and fined $500…. Anderson faced up to 10 years in prison if convicted of tampering with evidence in the 1987 murder trial of Michael Morton, (who) was released in 2011 after DNA evidence showed he didn’t beat his wife to death.

“Morton watched from the front row of the gallery Friday as the man who helped convict him now sat at the defense table, just as he once did. Morton smiled and was hugged by family members after the judge adjourned….

“During a weeklong Court of Inquiry earlier this year, special prosecutor Rusty Hardin presented witness testimony and other evidence to show Anderson kept evidence from Morton’s attorneys at his trial….

“Anderson said he couldn’t remember if he had evidence at the time of the trial that could have cleared Morton, but if he had had such material, he would have turned it over to the defense team.”

– From “Former Texas Prosecutor Gets Jail for Conviction that Sent Innocent Man to Prison” by the Associated Press (Nov. 8)

Even the righteous Jack McCoy withheld exculpatory evidence at least once, but of course the “Law & Order” DA was a fictional character – unlike Ken Anderson and the Little Rascals prosecutors and their unfortunate victims.