Jan. 2, 2013

What a bittersweet moment, reading Gov. Bev Perdue’s statement announcing her pardon of innocence for the Wilmington 10.

Surely, for the six surviving defendants, the pardon represents far too little justice, far too long delayed. But so many of Perdue’s words apply poignantly to a more recent “dark chapter in North Carolina’s history” – the prosecution of the Edenton Seven:

“I have decided to grant these pardons because the more facts I have learned… the more appalled I have become about the manner in which their convictions were obtained….

“This conduct (of prosecutor Jay Stroud) is disgraceful. It is utterly incompatible with basic notions of fairness and with every ideal that North Carolina holds dear. The legitimacy of our criminal justice system hinges on it operating in a fair and equitable manner…. That did not happen here. Instead, these convictions… represent an ugly stain on North Carolina’s criminal justice system….

“Justice demands that this stain finally be removed. The process in which this case was tried was fundamentally flawed….”

As noted previously, state government has continued to withhold exoneration from the Little Rascals defendants. In addition to these reasons that the Edenton Seven haven’t matched the Wilmington 10 in capturing the public eye, there is this notable difference in the two cases:

No one involved in prosecuting the Wilmington 10 remains in office, and the current Pender County district attorney has accepted Perdue’s decision without complaint. But two decades after prosecuting the Edenton Seven, Bill Hart and Nancy Lamb remain on the job, no doubt ready to beat down any hint of exoneration.

March 5, 2012

“DURHAM — Tracey Cline could not admit she was wrong….”

Thus begins J. Andrew Curliss’s latest behavioral analysis of Durham County’s latest disgraced district attorney.

Coincidentally, Curliss cites a book I’ve been reading to better understand the rigidly wrongheaded behavior of the Little Rascals prosecutors.

“Carol Tavris, a Los Angeles social psychologist who has researched and written about the behavior and decision-making of prosecutors, said studies show the human brain, when sorting out conflicting beliefs and actions, will engage in a powerful act known as ‘self-justification.’

“It can keep people from admitting they are wrong and can be more powerful and more dangerous than an explicit lie, she said in an interview and in a 2007 book she co-authored, ‘Mistakes Were Made (But Not By Me)’…

“Self-justification is especially concerning in the justice system, Tavris said, because authorities often view themselves as ‘good guys’ doing the ‘right thing’….

“ ‘It’s really, really, really hard to face the reality that you screwed up,’ she said. ‘When we have a view of ourselves as good, competent, ethical, honest people and we are now confronted with evidence that we did something that was incompetent, unethical, immoral or harmful, we have two choices. We can ’fess up – say, “Oh, my God, look at this evidence, what did I do? How can I make amends?” – or, we deny.’ ”

Here’s a recent public ’fessing up that could be a model for errant prosecutors: “I want to express my sincere regret and apology…. It was a terrible mistake, and we knew it was wrong while we were doing it. Instead of getting caught up in it, I should have stopped it.”

Alas, it comes not from Cline – or from H. P. Williams Jr., Bill Hart or Nancy Lamb – but from the NFL coach who oversaw the “bounty” system for disabling opposing players.

Aug. 17, 2012

“I’ve wondered how the prosecutors (in ritual-abuse day-care cases) could live with themselves.

“Says Debbie Nathan (coauthor of “Satan’s Silence: Ritual Abuse and the Making of a Modern American Witch Hunt”): ‘There was a time – and it lasted eight or nine years – when there was an entire body of expert opinion that these things could happen.’ It was a time, she says, when pseudoscience had raced ahead of science, when best-selling books that had yet to be contradicted asserted that the inability to remember a trauma was the strongest proof of it, when doctors trying to be helpful established as a baseline a model virginal hymen so perfectly smooth and shaped that it allowed any actual hymen to be construed as traumatized.

“ ‘Our culture is still really atavistic,’ says Nathan, ‘but there’s an overlay of science on it. Mix the totally primeval stuff with science and you’ve got this mix that can’t be beat.’ Prosecutors, she says, ‘are just as naive as anyone else, but they also know how to sway people. They have all the techniques down pat. “Suffer the little children.” “Innocence defiled.” “Worse than murder.” ‘

“But why, as science and truth become clearer, is it so hard for so many prosecutors to recant?…  ‘Maybe it’s because the whole process of constructing one of these innocent people as a really demonically evil sexual pervert who sadistically violates lots of kids – the whole process of constructing this character on a real person is torture. You have to be very invasive. It’s a very sadistic enterprise. You become like a torturer.’ ”

– From “Why Can’t They Admit They Were Wrong?” by John Conroy
in the Chicago Reader (Aug. 1, 2003)

Sept. 13, 2013

“I am urging you to treat Elizabeth Kelly as you would treat anyone else with the same case file.  I am asking you to demonstrate that we are all ‘equal under the law.’  Any other inmate with the same sentence and clean record would have been eligible for parole the minute she walked through the gates of the prison…. I am appealing to you not to withhold that which she would otherwise likely receive — minus her publicity, minus the rhetoric of politicians.  I am imploring you not to deal more strictly with her than with others simply because she is Elizabeth Kelly.”

– From a letter to the North Carolina Parole Commission by Jane W. Duffield of Raleigh  (April 5, 1994)

The Parole Commission proved unable or unwilling to consider Betsy Kelly’s case “minus her publicity, minus the rhetoric of politicians.” Bill Hart, vengeful over her unwavering insistence that she was innocent, reneged on a plea agreement not to contest her release, and the Parole Commission obediently sent her back for seven more months of wrongful imprisonment.