July 19, 2013

“…There should be lessons here, lessons about the risks in cases so emotional that they take on a life of their own; lessons for prosecutors who need to use their considerable investigative resources to learn, and not to crusade; lessons about the price in credibility paid by a judicial system in which defendants who are not rich are up against tremendous odds….

“The Little Rascals case…. has wasted many years of many lives. The greater waste will be if nothing is learned from it.”

– From “Case dismissed” (News & Observer editorial, May 28, 1997)

March 21, 2015

I spent several hours Friday at Duke University Law School listening to experts detail “Evolving Trends in Forensic Science.”

Fascinating. Topics ranged from the effects of sleep deprivation on jurors’ decision-making to the use of cell tower evidence to determine suspect location. But I was wedged into an auditorium otherwise full of lawyers to hear pediatrician Cynthia Brown and defense attorneys Mark Montgomery and Lisa Miles outline the latest standards for medical exams in cases of suspected child abuse. The good news – if you’re being wrongfully prosecuted in 2015 – is that those standards have become dramatically more specific and sophisticated.

If, however, you were wrongfully prosecuted in 1987, then the fruits of that scientific progress remain maddeningly out of reach.  Waiting for me when I returned home Friday was a letter from Junior Chandler:

“April 15 will be 28 yrs – nearly half my life, all because of lies when I did no crime. It’s a shame & disgrace to the whole N.C. justice system, not only to do this but never to be willing to say they were wrong….”

Dec. 30, 2011

“As the May 2 (2006) Democratic primary nears, (Duke lacrosse prosecutor Mike) Nifong has gotten an earful from his two opponents….

“ ‘I feel for him; no matter what he does, he can’t win,’ said Elizabeth City lawyer H.P. Williams, a former district attorney for 16 years who in the early 1990s prosecuted the high-profile sexual abuse case against the owner of the Little Rascals Day Care…

“ ‘I felt as a prosecutor that anything I didn’t say, I didn’t have to take back. So it all goes back to my No. 1 philosophy: “You have the right to remain silent.” ’ ”

–  H.P. Williams, sharing with Mike Nifong his “No. 1 philosophy”
(The Charlotte Observer, April 17, 2006)

Whatever the shortcomings of the Little Rascals prosecutors, excessive openness wasn’t among them. In fact, their entire case depended on withholding any verbatim record of how therapists extracted accusations from the supposed child-victims.

Williams most recently called on his right to remain silent when I asked whether he might have changed his mind about the defendants’ guilt.

June 17, 2013

“I don’t know if Bob Kelly and the staff of that now-infamous Edenton day care center abused those children… But I do know, beyond any reasonable doubt, that something is dreadfully wrong in that case, and I applaud the (N.C.) Court of Appeals ruling that ordered a new trial for Kelly and Kathryn Dawn Wilson. Everyone who cares about justice should join in a standing ovation for the court’s common-sense ruling.

“Fat chance of that.

“The prosecution, led by Attorney General Mike Easley, has already begun its campaign to discredit the ruling as a nitpicking exercise that found minor technicalities in the state’s longest and most expensive trial….”

– From “Justice unlikely for Kelly” by News & Observer columnist Dennis Rogers (May 9, 1995)

Easley said he would petition the N.C. Supreme Court to review the cases immediately: “The decision casts no doubt on the credibility of the children or the integrity of the investigation…. In both cases, the facts supporting the convictions were clear and overwhelming. (The appeals court) disregarded these facts and misapplied the law.”

The Wilson Daily Times opined that “Easley’s vow to appeal the overturning is futile, and he knows it. … Easley tried to play tough prosecutor… implying the convictions were thrown out because of technical indiscretions. But he well knows that the errors in the trials were substantial and egregious (and) made a mockery of justice.”

 Four months later, when the N.C. Supreme Court upheld the Court of Appeals, Easley had lost his bravado. “All prosecutors know that cases involving children weaken with age,” he said. “A retrial in this matter will be extremely difficult.”