Aug. 9, 2015

“Suppressing evidence, coddling informants, even outright lying are some of the instances of prosecutorial misconduct that sent away nearly half the 1,621 people convicted for crimes they didn’t commit since 1989, according to the University of Michigan Law School’s National Registry of Exonerations. These are only the cases we know about, surely only a small fraction of the wrongly convicted….

“In a 2011 report on 707 such cases, only six prosecutors (none in “satanic ritual abuse” day-care cases) were disciplined. Almost all still have their licenses, and are still practicing law….

“Prosecutors are granted immunity for most kinds of misconduct. It’s easy to see the reasons for this policy: otherwise, every well-heeled convict would sue, clogging the system and making it impossible for prosecutors to do their jobs. At the same time, that immunity is so absolute that prosecutors simply get off scot-free, even when misconduct is established. Even worse, most states lack any meaningful oversight of prosecutors: no commissions, no review boards, nothing.

“America is the only country in which many prosecutors are elected…. The disciplinary commission that sanctioned Mike Nifong – prosecutor of the Duke lacrosse team on false rape charges – noted his upcoming primary election as a motivating factor for his misconduct. The pressure to produce wins has led to a ‘win-at-all-costs’ mentality in some offices, especially when voters reward such behavior.”

– From “It’s Not Just Bad Cops: Prosecutors Run Wild” by Jay Michaelson at the Daily Beast (Aug. 8)

For whatever reason, voters in the First Judicial District declined to “reward such behavior” by Little Rascals prosecutors H. P. Williams Jr. and Nancy Lamb. District Attorney Williams failed to win re-election in 1994, and Lamb lost her bid for DA in 2014.

Dec. 8, 2013

“Obviously, there’s a modern trend towards more limited use of executive clemency that extends beyond the current president. I speculate that the increased media scrutiny given to pardons and commutations has made presidents reluctant to exercise clemency…..

“The same trend… may be present in North Carolina as well…. Most of Governor Easley’s pardons were in cases in which DNA evidence exonerated the defendant, while almost all of Governor Perdue’s pardons concerned the racially tainted Wilmington 10 cases…. It is too early to tell how much, or how little, Governor McCrory will exercise executive clemency.”

– From “Do Only Turkeys Get Pardons?” by Jeff Welty at the North Carolina Criminal Law blog (Dec. 5)

The chart above, compiled by Welty, a faculty member at the University of North Carolina School of Government, depicts poignantly the odds faced by Junior Chandler and others pursuing clemency from recent North Carolina governors.

Since Jim Hunt left office in 2001, pardons have become historically scarce, paralleling the drop-off at the presidential level.  But that smattering of clemency, as Welty points out, is most like to occur in December, under cover of the Christmas spirit.

Aug. 17, 2014

“I’m not comfortable commenting on any of them at this point in time.”

– Lael Rubin, formerly the lead prosecutor in the McMartin Preschool case, declining to say whether she still thinks the defendants were guilty

 That’s not the only eyebrow-raiser in this recent 30-years-after piece by a Los Angeles TV station.

Rubin contends that “The strongest evidence, the physical evidence, the medical evidence, I think was very significant.” But Kevin Cody, who logged more hours in the courtroom than any other journalist, confirms my impression that the prosecution actually produced “zero medical evidence of abuse.”

Finally, Rubin credits the McMartin case with improvements in the interviewing of children: “The criminal justice system, interviewers and police, law enforcement are much more concerned about eliciting information from children, as opposed to giving them clues.”

This is disingenuous. Like John E. B. Myers, Kee MacFarlane  and Sylvia Gillotte – Rubin tips her hat to progress but refuses to take the logical next step: admitting the injustices issuing from those McMartin-style interrogations.

Aug. 10, 2015

Since I undertook this blog in 2011, I’ve been waiting for a mass-market book that recalls the “satanic ritual abuse” day-care era with authority, insight and thoroughness.

“We Believe the Children: A Moral Panic in the 1980s” comes pretty darn close to meeting that standard. (I do wish author Richard Beck had addressed the significant post-panic contributions of Richard Noll and Allen Frances.)

I’ll be posting excerpts from the book and later an interview with Beck.

Meanwhile, I’ve been pleased to see the reviews in the news media – so far, all largely appreciative.

 “…This book does a devil of a job correcting… all the lies and self-deceptions, so credulously believed in the 1980s….”

– From “Child Abuse Cases Endure as Lessons in Hysteria” by Mark Oppenheimer in The New York Times (Aug. 6)

“ ‘We Believe the Children’ should serve to remind us of the dangers of the ‘we must believe the victim’ mindset in the case of any criminal offense. A faith-based pursuit of justice can lead to a miscarriage of justice.”

 – From  “What Fueled the Child Sex Abuse Scandal That Never Was?” by Lizzie Crocker at the Daily Beast (Aug. 3)

“ ‘We Believe the Children’ reveals the various combinations of ignorance, venality, arrogance and zealotry that characterized the major players who fueled the moral panic.”

– From “A Very Model Moral Panic” by Carol Tavris in the Wall Street Journal  (Aug. 7)

Here also is a radio interview with Beck and – inevitably – a response from witch-hunt denier Ross Cheit.