April 25, 2012

“Many questions were repeated (by interviewers in the McMartin Preschool case) even when the children had previously given unambiguous answers.

“For example, after a child responded that he/she did not remember any pictures of naked bodies, the interviewer repeated the question saying, ‘Can’t remember that part?’

“Even after the child again responded ‘no,’ the interviewer persisted, saying ‘Why don’t you think about that for awhile…. Your memory might come back to you.’ ”

 – From “Tell Me What Happened: Structured Investigative Interviews
of Child Victims and Witnesses” by Michael E. Lamb, et al. (2008)

There is every reason to believe this approach typified interviews in the Little Rascals case, but of course prosecutors ensured almost no record of those interviews survived.

May 29, 2016

“ ‘On behalf of the State of North Carolina, I apologize to Mr. (Edward Charles) McInnis for the 27 years he had to spend behind bars for crimes he did not commit,’ McCrory said in a statement announcing the pardon. ‘While we cannot give him back those years of his life, I wish him well as he resumes his life as a free man.’ ”

– From “NC Gov. McCrory pardons Scotland County man” by Anne Blythe in the News & Observer (May 19) (text cache)

Another DNA exoneration – thanks yet again, North Carolina Innocence Inquiry Commission – and this time both District Attorney Kristy Newton and Gov. McCrory  acted expeditiously and humanely.

I look forward to seeing the governor extend such sentiments toward Junior Chandler, who has now spent more than 29 years behind bars.

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?

Dec. 23, 2011

“Many appalling results of the recovered-memory movement of the 1970s and ’80s arose from … unexamined views of memory – occurrences like the false accusations of employees of children’s care centers… Such fantasies have often been encouraged as reliable memories by doctrinaire therapists and have sometimes resulted in prison sentences and ruined lives for innocent fathers, mothers, kin, teachers and devoted caretakers.

“The documentary films made by Ofra Bikel … are meticulous and frightening accounts of such fantasies and their overwhelming power in the hands of the cruelest, most self-deluded and most easily panicked among us.”

– From “Ardent Spirits” by the late Reynolds Price (2009)