April 13, 2015

D. Marsh McLelland, judge in the trials of Little Rascals defendants Bob Kelly and Dawn Wilson, died last month in Burlington. He was 94.

This laudatory obituary in the Greensboro News & Record barely mentions the most consequential case in McLelland’s career – “He was brought out of retirement by the state’s chief justice to hear the Little Rascals Day Care child sex abuse case….” – and this one in the Burlington Times-News mentions it not at all.

Had McLelland stayed retired, the prosecution of the Edenton Seven might well have been derailed early on.

The judge originally assigned to the case, L. Bradford Tillery, stepped down under pressure from Deputy Attorney General Bill Hart. Mark Montgomery, Bob Kelly’s appellate attorney, explains why:

“Hart did not like the way Tillery was handling the case.  The final straw was when Tillery ordered Hart to turn over the State’s interviews of those kids who were not the subject of indictments.  He did not order them given to the defense, as he should have done, but Tillery was going to look through them himself.  If he had, he would have seen that most of the kids at the day care, including Hart’s adoptive daughter, had said nothing happened and the jury would have heard about that.

“To prevent that, Hart filed motions accusing Tillery of being biased against the State. Rather than punishing Hart, Tillery took himself out of the case to avoid any appearance of partiality.  Enter McLelland.

“Because Tillery had already ordered the interviews turned over to the court, that was a done deal.  But McLelland never looked at them.  I stumbled across them in the exhibit room of the courthouse and informed the Court of Appeals in my brief.  The failure of the State to turn over to the defense the interviews of kids who said nothing happened was one of the grounds for a new trial for Bob.”

Tillery clearly was stung by Hart’s ploy: “I have served as a judge of Superior Court for over 20 years, and I never found it necessary to take such a step…. Neither have I ever been made to feel before that one side or the other considered me to be not only an adversary but also fair game …. for reckless assertions.”

If only Tillery had responded not by resigning but by sanctioning Hart for withholding evidence.

newsobserver.com

Joseph Sledge

Jan. 16, 2016

“Joseph Sledge spent 37 years in prison for a crime he didn’t commit. At his trial, the state paid a lying snitch to testify against him. While he was in prison, (Jon David, the latest Bladen County district attorney) opposed the DNA testing that would eventually prove Sledge’s innocence. And when the long-delayed tests showed Sledge wasn’t the culprit, the state waited another two years to release him from prison.

“Now that Sledge is finally free, the only person being punished is the lawyer who fought to prove his innocence, Chris Mumma. On Thursday, the State Bar found that Mumma violated professional ethics by testing a water bottle for DNA without permission from its owner – all in an attempt to gain an innocent man his freedom against long odds. (The test of the water bottle was inconclusive and had no impact on the final outcome.)….

“In all the cases where Mumma has freed innocent people, no prosecutor has ever faced charges….Instead, the State Bar sent a message that lawyers who expose the system’s misdeeds could be subject to retribution….”

– From “Let’s punish lawyers who put innocent people in prison, instead of those who free them” by Kristin Collins at NC Coalition for Alternatives to the Death Penalty (Jan. 15)

Three years ago I took DA David at his word when he promised:

“I really see us as sharing the goal of making sure (Sledge’s) conviction rests on credible and substantial evidence. I’m going to go where the truth leads in this matter.”

I was naïve. As it turned out, David’s true passion wasn’t for exonerating an innocent man but for punishing his lawyer.

Oct. 3, 2012

“You can have all the evidence in the world, and that’s still only 50 percent of the fight. The other 50 percent is media.

“You have to get the media to pay attention. If not, they’ll sweep it under the rug and keep going.”

– Damien Echols of the West Memphis Three, analyzing (in the New York Times) his continuing struggle for exoneration.

If you’re in the media – reporter, editor, blogger, author, moviemaker, aerial advertising entrepreneur – and ready to pay attention to the Edenton Seven, let me hear from you.

Oct. 19, 2011

Writing in the Chronicle of Higher Education in 2003, social psychologist Carol Tavris noted that:

“One mother (in the Little Rascals case) told reporters that it took 10 months before her child was able to ‘reveal’ the molestation.

“No one at the time considered the idea that the child might have been remarkably courageous to persist in telling the truth for so long.”