April 18, 2015

“DNA testing has been used 329 times now to prove the innocence of people wrongly convicted of a crime. But what happens when there is no DNA evidence to prove someone’s innocence? What happens when there is only his word, and the mounded doubts of the team that prosecuted and convicted him? And what happens when – despite growing certainty that it has imprisoned the wrong man for more than 20 years – the Commonwealth of Virginia stands poised to keep him locked up, possibly forever?

“Of all the maddening stories of wrongful convictions, Michael McAlister’s may be one of the worst. For starters, he has been in prison for 29 years for an attempted rape he almost certainly did not commit….”

 – From “This Man Deserves a Pardon” by Dahlia Lithwick at Slate (April 13)

Michael McAlister’s story surely qualifies as “one of the worst,” but forgive me if I think Junior Chandler – coincidentally now serving his 29th year of imprisonment – has suffered every bit as much injustice.  And in McAlister’s case at least a crime was actually committed, just not by him.

Nov. 9, 2012

“Did I recognize that child sex abuse existed and was a serious problem? reporters would ask. A strange question, that. The discussion of no other crime would require such a disclaimer. Journalists who have written about false murder charges are seldom asked to provide reassurance that they know murder is a bad thing, and it really happens.”

– From “No Crueler Tyrannies: Accusations, False Witness and Other Terrors of Our Times” by Dorothy Rabinowitz  (2003)

Feb. 18, 2013

Gov. Jim Hunt was serving his fourth term (1997-2001) when prosecutors dropped the last Little Rascals charges. Although Gary Pearce, Hunt’s longtime adviser and later biographer, doesn’t remember the governor being involved in the case, Pearce experienced his own Edenton moment:

“I actually got called by one of the parents who had heard of me. I met with them and worked with them on a program that UNC-TV did (in 1993 to give parents a chance to respond to “Innocence Lost: The Verdict”). I did it just out of curiosity. It was one of the damnedest things I ever did.

“What the parents were claiming happened was, in the truest sense of the word, incredible. But they seemed absolutely and genuinely and sincerely convinced that it had happened….

“The best word to describe the whole thing is ‘gothic.’”

Defense attorneys were excluded from the program, UNC-TV director Tom Howe explained, because “We’re not really interested in getting into a tit-for-tat about guilt or innocence.”

April 20, 2016

“‘If prosecutors have an ethical duty to avoid wrongful convictions, then they should have some sort of ethical duty to remedy wrongful convictions,’ said attorney Brad Bannon of the North Carolina Bar’s ethics committee.

“He wants North Carolina to adopt a rule recommended by the American Bar Association, requiring prosecutors to come forward if they find ‘new, credible and material evidence’ that an innocent person is serving time. Thirteen states have adopted the post-conviction rule. North Carolina isn’t among them.

“The State Bar rejected the rule several years ago but recently appointed a committee to reconsider….”

– From “Rule targets prosecutors who don’t reveal innocence evidence” by Martha Waggoner of the Associated Press (April 16)

Given prosecutors’ disproportionate influence on the state bar, to even “reconsider” the disclosure rule suggests the recent stream of unbecoming publicity  hasn’t gone unnoticed.