April 5, 2015

William L. Anderson, professor of economics at Frostburg (Md.) State University, writes widely in opposition to big government. He has a particular aversion to overreaching prosecutors such as Mike Nifong and Nancy Lamb.

Anderson recently spoke to a North Carolina State University audience on “The Economic Calculation of Prosecutorial Abuse,” and afterward he shared these thoughts on how justice goes bad:

“The real problem is that people in the courts and law enforcement don’t have ‘fences’ that limit their behavior and also increase their liability. If the chances that they will face any meaningful sanctions for lying and lawbreaking are almost nil, then we can expect two things:

1. People in those lines of work are going to cut corners, to lie (even if they really do believe the person is guilty) and to manufacture ‘evidence,’ and
2. The kind of people who are most likely to cut corners are going to self-select into these lines of work…..

“Take Nancy Lamb, for example. While she narrowly lost the DA election last year, nonetheless she has ridden the Edenton fame for years and has done well in her career. It helped her gain money and what the late Murray Rothbard described as ‘psychic profit.’ She suffered no consequences that I know despite the horrendous train-wreck damage she caused not only the defendants, but also the taxpayers of North Carolina…. Lamb is protected by prosecutorial immunity and also by a media and legal culture that bows down to prosecutors and judges….

“A society that accepts and honors this kind of dishonest and destructive behavior is doomed. There is no other way to put it. The people from Edenton could never get back their lives; Betsy Kelly pleaded nolo contendere because she knew the North Carolina ‘justice’ system was utterly and hopelessly corrupt….”

Also seemingly immune to appropriate consequences: Chris Bean, who went on to a long career on the bench despite having provided flagrantly prejudicial testimony against former client Bob Kelly.

Andersen

May 18, 2018

“Despite the acquittal in [the McMartin Preschool case], the hysteria kept raging there and nationally; mainstream news still gave it credence, police still made arrests, prosecutors still prosecuted, and true believers among psychologists and psychiatrists (and their clients) still believed and proselytized, often with a government imprimatur….

“In a small town in Tidewater North Carolina, children testified that a satanic cult operating a day care center had ritually abused them – and taken them in hot-air balloons to outer space and on a boat into the Atlantic where newborns were fed to sharks; several people were sentenced to long prison terms and served time before their convictions were overturned or charges dismissed.”

– From “Fantasyland: How America Went Haywire: A 500-Year History” by Kurt Andersen (2017)

The ripples from McMartin were even more pronounced in Edenton, after prosecutors brought back from California a crucial lesson: Conceal, obscure or destroy the therapists’ notes that would reveal how relentlessly the child-witnesses had been manipulated.

dailyherald.com

Christy Gutowski

Feb. 12, 2017

“One day after Indiana Gov. Eric Holcomb pardoned him for a 1996 armed robbery he did not commit, [Keith] Cooper, 49, said he was grateful to the new governor for doing something his predecessor, Vice President Mike Pence, long had refused to do….

“Cooper spent nearly a decade of a 40-year sentence behind bars before he was released in 2006. Nearly three years ago, after the victims who had identified him as the shooter recanted and DNA evidence pointed to another man, the Indiana Parole Board unanimously recommended Cooper be pardoned. His request, though, sat unsigned on Pence’s desk….

“In response to a request for comment, the vice president’s spokesman did not address the Cooper pardon but said Pence ‘is proud of his record’ as Indiana’s governor.”

– From “Wrongly accused of armed robbery, he says Pence ‘abandoned me‘ ” by Christy Gutowski in the Chicago Tribune (Feb. 11)

It wasn’t easy, but Pence made North Carolina’s former governor seem absolutely eager to rectify a wrongful prosecution.

Nov. 7, 2012

“Mass hysteria always makes perfect sense when we are trapped in it. It can take decades – or even longer – before the crazed irrationality of a particular episode shows itself for what it was.”

– From “When Mass Hysteria Convicted 5 Teenagers” in The New York Times (October 27)

Thanks to a new documentary by Ken Burns, the Central Park Five – all convicted of a widely publicized 1989 rape and beating – will soon return to the spotlight. According to the Times,
Burns depicts “the forces that led citizens, politicians, the media and the criminal justice system to brush past yawning gaps in the evidence in the case.”

Beyond a shared year on the timeline of wrongful prosecutions, these urban teenagers, black and Hispanic, seem to have borne few similarities to the Edenton Seven. But I could never read  the  words “yawning gaps in evidence” without thinking of a Little Rascals prosecution built almost entirely on the resolutely manipulated, deceitfully paraphrased testimony of children.