March 20, 2017

“America saw another record year for the number of prisoners being exonerated, according to the National Registry of Exonerations, a project of University of California Irvine Newkirk Center for Science & Society, University of Michigan Law School, and Michigan State University College of Law.

“For 2016, 166 people were exonerated of crimes and released from prison, 52 of them for murder. Of all the exonerations, 70 cases involved official misconduct of some sort, and in 74 of the cases, convictions came from guilty pleas. And in 94 cases (also a record) it turned out that no actual crime occurred at all. These were mostly drug cases but also some child sex abuse cases. Most famously, the San Antonio Four, four women convicted in 1998 in a fabricated satanic child sex abuse ring scandal, were released in 2016 after it finally became clear the crimes never occurred.”

– From “Decades of exoneration stats show blacks more likely to wrongfully convicted” by Scott Shackford at reason.com (March 7)

Of the Edenton Seven, only Bob Kelly and Dawn Wilson, whose convictions were overturned, qualify for the National Registry of Exonerations. As spokesman Ted Koehler told me five years ago, “The Edenton case was a terrible witch hunt. Regretfully, though, [Betsy] Kelly’s and [Scott] Privott’s guilty pleas and the dropped charges against [Robin] Byrum, [Shelley] Stone, and [Darlene] Harris do not fit our definition of an exoneration….”

June 19, 2013

The Little Rascals parents insisted their children had “disclosed” mostly on their own, rather than a result of persistent interrogation. But this live interview, in the giddy moments after Bob Kelly’s convictions (April 22, 1992), suggests a different pattern:

CNN: How did you find out this happened? You were apparently the first parents to realize something was terribly wrong.

Mark Stever: Kyle, our son, told us in his own way, just different things, like ‘Mr. Bob doesn’t do it anymore. He does it to the other children.’

Audrey Stever: We knew he had a secret, and we knew it happened at nap time, but he couldn’t tell us what it was, and to escape talking about it he would say, ‘Oh, he doesn’t do it anymore, Mommy.’

CNN: And how did you finally bring it out of him exactly what he said had been happening?

Audrey Stever: Well, I approached a friend (Brenda Toppin) who was the investigating officer in the case… and things kind of went from there.

facebook.com

Martha Waggoner

June 30, 2016

“North Carolina’s district attorneys say a proposed rule that would require them to turn over evidence of innocence after a person is convicted is….”

Anyone familiar with the worst practices of  DAs won’t be surprised at the rest of Martha Waggoner’s sentence:

“….unnecessary because prosecutors already believe it should be turned over at any point, including post-conviction.”

Chris Mumma of the N.C. Center on Actual Innocence, herself punished for exposing wrongful prosecutions, wondered why DAs would object to putting their high standard in writing: “If all the rule does is raise confidence in the process, then it’s beneficial.”

A more visceral response appeared on reporter Waggoner’s Facebook page – from exoneree Dwayne Dail:

“If it is unnecessary and they already believe that there is a rule that holds them to that standard, then why haven’t they been doing it?! Why have they argued that they had no obligation to do this? Why wasn’t I told that there was an alternative suspect in MY case, who just so happened to be the true perp? Why did I only find out after years of investigation during my civil suits, after my exoneration, that the actual perp’s name was in their files but was never investigated? I call BS.”

Dail was convicted of raping a 12-year-old Goldsboro girl in 1987. DNA evidence cleared him in 2007.

Kadvany

Feb. 9, 2018

“Both prosecution and defense [in a trial in Palo Alto, Calif.] called expert witnesses to testify to ‘child sexual-abuse accommodation syndrome’….

“Roland Summit, a southern California psychiatrist, coined the term in 1983. He defined the syndrome through five categories: secrecy, helplessness; entrapment and accommodation; delayed, unconvincing disclosure; and retraction. The categories describe how victims often do not resist the abuse because of power dynamics in the relationship with an adult, often delay disclosing the abuse and may change their stories due to pressure or guilt….

“Blake Carmichael, a clinical psychologist at the University of California, Davis, testified for the prosecution that child sexual-abuse accommodation syndrome is not a diagnosis but rather a set of concepts that provide context for a child’s experience of sexual abuse. He testified that research supports Summit’s original claims.

“By contrast, William O’Donohue, a clinical psychologist at the University of Nevada, Reno, testified for the defense that Summit’s paper is ‘junk science’.

“O’Donohue co-authored a literature review of Summit’s work that determined the syndrome is not a scientific theory grounded in research. O’Donohue noted that a second article Summit published in the 1990s described child sexual-abuse accommodation syndrome as his ‘clinical opinion’ and a ‘pattern’ rather than a diagnosable condition.”

– From “Former teacher denies sex-abuse allegations” by Elena Kadvany in Palo Alto Weekly (Feb. 7)

So here we are, 35 years after Roland Summit fanned the flames in the McMartin Preschool case, and prosecutors are still using his cockamamie conceit to win over jurors. It’s not just on the internet that no bad idea ever dies….