April 16, 2016

“To many in the criminal justice system, it is now a source of embarrassment that there was ever a time when police and prosecutors were convinced that bands of Satanists had infiltrated the nation’s day care centers in order to abuse young children. Yet in the (Fran and Dan Keller case), which I investigated for the Austin Chronicle back in 2009, I was startled to hear both a veteran cop and a prosecutor say they still believed in even the most absurd of the children’s allegations….

– From “Convicted of a Crime That Never Happened: Why Won’t Texas Exonerate Fran and Dan Keller?” by Jordan Smith at the Intercept (April 8)

March 1, 2021

I was surprised recently to notice a Facebook message from an elementary school teacher in Greenville, N.C.

Buddy Hyatt had grown up in Edenton and wanted to talk about the Little Rascals Day Care case. “It ripped apart many families and almost destroyed the town,” he wrote. “In 1989, when the accusations started, I was in first grade. But earlier I had attended Little Rascals. My parents had me and my younger brother checked over by an unbiased child psychiatrist in Greenville. After several sessions he reported that we had no indications of physical or sexual abuse.”

Buddy had multiple other windows on the case. ‘”My grandfather, Pete Manning, was editor and publisher of the Chowan Herald, and my dad was associate pastor and minister of music at Edenton Baptist.

“The Twiddys, the Kellys and Nancy Smith were all members of our church, as was [initial accuser] Jane Mabry Williams. This split the church right down the middle. Because the pastor and staff wouldn’t take sides, quite a few people got mad as fire. A good handful left. Some (especially those against the Kellys) spoke harshly and rudely to both my dad and grandmother.

“I feel most sorry for Bob and Betsy’s daughter, Laura. We had been in the same kindergarten class when the accusations started. My mom carpooled us. We did everything we could to be kind and remain friends with Laura and her family. I cannot imagine the pain and heartbreak they experienced.

“Lew, I know that’s a lot of information. Forgive me. I am happy to talk any time about the case or Little Rascals. The accusations and trial were a travesty and left so many people hurt and broken. No matter how much exoneration is given, the damage is already done.”

A few days passed before I heard from Buddy again: “Forgive me for being slow to respond. I happened to catch Covid, so the past week has been quite a struggle. Once I get through this (hopefully I’m on the tail end of it), we can plan to talk….”

Two weeks later Buddy Hyatt was dead. We never talked. I’m grateful for his big-hearted recollections and for his resolve to say more. RIP, Buddy.

Nov. 14, 2012

“Prosecutors building these high-profile cases well understood the problems posed by the strange charges and the fantasy-riddled narratives of the child plaintiffs. How could they make credible to jurors the extraordinary prowess of defendants who could assault whole classes of preschoolers daily, dressing and undressing 20 or more, all accomplished in a half hour’s time, in a busy school, with no one noticing, no child ever sent home with mismatched socks?…

“Jurors had to be given a reason that 4-year-olds could be raped with butcher knives that left them uninjured, could be tied naked to trees and raped in broad daylight….

“The state’s solution lay with their experts – witnesses who could explain and render such mysteries comprehensible.”

– From “No Crueler Tyrannies: Accusation, False Witness and other Terrors of Our Times” by Dorothy Rabinowitz (2003)

Ah, those invaluable mystery-solving experts – such as Eileen Treacy of the Kelly Michaels trial, Kee MacFarlane of McMartin and of course Mark “Where there’s smoke….” Everson of Little Rascals.

What would prosecutors have done without them? (Probably, a helluva lot less harm.)

Sept. 2, 2013

“That power (of clemency), which the Constitution explicitly grants to the president, has always served as an indispensable check on the injustices of the legal system and as a means of demonstrating forgiveness where it is called for. It was once used freely; presidents issued more than 10,000 grants of clemency between 1885 and 1930 alone. But mercy is a four-letter word in an era when politicians have competed to see who can be toughest on crime….

“Meanwhile, President Obama’s use of the pardon power remains historically low. In four and a half years, he has received almost 10,000 applications for clemency and has granted just 39 pardons and one sentence commutation. No one seems to know why some requests are granted and others denied….”

– From “Pardon Rates Remain Low,” editorial in the New York Times (Aug. 21, 2013

Pardons have become scarce in North Carolina as well. In her last week as governor, Bev Perdue pardoned the Wilmington 10, but not the Edenton Seven – or anyone else, for that matter.

Perdue left office without commenting on the dozens of clemency applications still on her desk.  (Her willingness to forgive contrasts with that of previous governors, most dramatically Charles Brantley Aycock, who between 1901 and 1905 granted no fewer than 369 pardons.)

Among those applications Perdue didn’t address was Junior Chandler’s.

Now there’s a new governor, and Junior’s brother Billy tells me a renewed effort is being made to obtain clemency. Even if Junior were guilty – which he obviously isn’t – shouldn’t 26 years behind bars be punishment enough?