Jan. 20, 2012

Although the West Memphis Three weren’t day care workers, their notorious case – most recently updated in HBO’s “Paradise Lost 3: Purgatory” – holds obvious parallels to that of the Edenton 7.

In both courtrooms voodoo justice ruled.

Most poignant to me, however, is that prosecutors in Arkansas and North Carolina shared a dedication to ensuring the defendants’ long-overdue release bore the least possible resemblance to exoneration.

In August 2011 the West Memphis Three were required to enter an Alford plea, maintaining their innocence but acknowledging that sufficient evidence existed to convict them.

On May 23, 1997, Nancy Lamb announced the decision not to challenge the overturned convictions of Bob Kelly and Dawn Wilson in order to “allow wounds to heal…. The paramount thing is not having to drag these children through this again.” Her timing seemed aimed – futilely, as it turned out – at averting the national outrage that would come four days later with the airing of the final episode of “Innocence Lost.”

Two years later, when the last charges against Kelly were dismissed, here’s how Joseph Neff of the News & Observer described the scene:

“The prosecutors in the longest, most expensive criminal case in North Carolina history picked a day when all attention was focused elsewhere to quietly throw in the towel.

“It was Sept. 15, as Hurricane Floyd churned northward toward landfall the next day, that Assistant District Attorney Nancy Lamb filed a two-page document with the Clerk of Superior Court in Edenton, dismissing eight counts of sexual abuse against Robert Kelly.”

Dec. 30, 2015

Where things stand at year’s end in the obscure but still hopeful world of littlerascalsdaycarecase.org:

– Junior Chandler continues to wait for a decision from the Duke Wrongful Convictions Clinic on whether to take up his case. On April 15 he will begin serving his 30th year in prison.

– North Carolina’s most recent two governors and its current attorney general all have ignored my appeals for a “statement of innocence” for the Edenton Seven. Might the approaching election offer opportunities at least to publicly frame the question?

– Professional journals are still refusing to publish retractions for the articles they published supporting the existence of “satanic ritual abuse” in the nation’s day cares.

– The Internet remains a poisonous cornucopia of authoritatively rendered misinformation. This is from a message board exchange I happened on earlier this month:

“I have heard the rumors that there are a large number of satanists who abuse their children in satanic rituals. I have heard even more about the illuminati having orgy parties like the one in ‘Eyes Wide Shut’ where they rape children on an altar and then kill them in a sacrifice to Satan and then drink their blood. But I have no idea of knowing if any of this is actually true and if it is true how common it is….”

“These stories are true, for the most part. I met a young woman through my pro-life apostolate who had had several abortions – not of her own choice. She had been a prisoner of these satanists (her parents were involved in it) who had her impregnated with the precise purpose of the ritual sacrifice of abortion…..”

The only surprise here is the qualifier “for the most part” – among SRA believers, only absolute gullibility is allowed….

–  Finally, thanks to all those who have expressed support for the wrongfully prosecuted defendants in the “satanic ritual abuse” era. Let’s hope 2016 cracks the door to the exoneration they so profoundly deserve.

 

Aug. 27, 2012

“Prosecutors are the most powerful officials in the criminal justice system. They decide whether criminal charges should be brought and what those charges should be, and they exercise almost boundless discretion in making those decisions. Prosecutors alone decide whether to offer the defendant the option of pleading guilty to reduced charges….

“Equally problematic is that the charging and plea-bargaining decisions are made behind closed doors, and prosecutors are not required to justify or explain these decisions to anyone…. The lack of transparency also leads to misconduct, like the failure to turn over exculpatory evidence – a common occurrence made famous by the prosecutors in the Duke lacrosse and Senator Ted Stevens cases.”

– From “Prosecutors’ Overreaching Goes Unchecked” by Angela J. Davis in the New York Times (Aug. 19)

Prosecutors plea-bargained cruelly though futilely with the Edenton Seven. And while the evidence-withholding in the Duke and Stevens cases may have made bigger headlines, it was no more flagrant than in Little Rascals.

One example from the North Carolina Court of Appeals order overturning Bob Kelly’s conviction (May 2, 1995):

“Judge L. Bradford Tillery, a pretrial Judge, directed the State to file and present for in camera review identifying information, medical and psychotherapeutic files and DSS files with respect to the ‘indictment children’….

“In apparent compliance with Judge Tillery’s order… the State turned over a box of files to the trial court, Judge McLelland presiding. The box contained, inter alia, complete medical notes and therapy notes on the 29 indictment children, 12 of whom testified at defendant’s trial and 17 of whom did not….

“After trial, defendant’s appellate counsel went to the Office of the Clerk of Court for Pitt County to view the exhibits. He opened several boxes containing trial exhibits, none of which were sealed. One of the boxes contained 29 files labeled with the names of the indictment children. Appellate counsel reviewed some of the documents contained in the files before requesting the box to be sealed and transmitted to the Court of Appeals…. Defendant argues that the files contained undisclosed information that would have been material to the defense.”

In fact, the withheld files were bulging with exculpation – conflicting claims, evidence of hysteria, eyewitness testimony that nothing happened. Countless other examples are documented in Bob Kelly’s appeal brief.

Attorney General Mike Easley bridled at the appeals court’s concern over such “small areas… none of which are very significant.” And, after all, as prosecutor Bill Hart had asked smirkingly during the trial, “If you were playing poker, would you be playing with your full hand showing?”

Feb. 5, 2015

“I was involved in this (McMartin Preschool) case. I remember getting dropped off at court-ordered therapy. I don’t remember the sessions, but I have seen the macabre pictures I drew. I have read the accounts the therapist wrote down for me as I detailed the abuse.

“It is my belief, after years of treatment centers and therapy, that nothing physical happened to me…. Mentally, well, that’s a different story. How about paying attention to the kids that were scarred from this therapy? Do you think that just because there was most likely no physical abuse that we didn’t still suffer? Eating disorders, alcoholism, depression, anxiety….

“I lived in fabricated fear. I have a vivid memory of one teacher telling us that she would come to our house in the middle of the night and shoot our parents if we ever told them what happened. This memory, which I now assume was a dream, was the one thing that kept me questioning for years whether or not this happened. So, while I now believe that the memories were unintentionally implanted, I still lived the nightmare through stories and drawings…”

– From “The Trial That Unleashed Hysteria Over Child Abuse” in the New York Times (March 9, 2014)  

Although I linked to Clyde Haberman’s thorough and perceptive piece when it appeared, I’m just now noticing that among the 166 reader comments was this one above from a “therapy…scarred” McMartin child. Unfortunately, it was posted anonymously – so continues the long wait for now-grown child-witnesses (other than Kyle Zirpolo) ready to go public with their recollections.