Sept. 10, 2017

“With no conclusive DNA evidence, medical evidence of penetration or an eyewitness to the alleged assault, both prosecution and defense relied on expert witnesses to speak to the reliability of a young child’s testimony and whether it had been tainted by outside factors, such as how her mother had pressed her about whether she was touched… and how child advocacy center staff had interviewed her….

“ ‘Did [the 6-year-old girl] lie? I don’t know, and the problem is, neither does anyone else,’ [Marine Col. Daniel] Wilson’s civilian attorney Phil Stackhouse said in a closing argument…. Stackhouse pointed out that she had twice denied to her mother being touched by Wilson before she said he had.

“A government witness, Dr. Mark Everson, an expert on childhood trauma at the University of North Carolina, had testified that 6-year-olds are remarkably resilient to suggestion, or the planting of false memories….”

– From “Jury Deliberates Over Colonel Accused of Child Sex Assault” by Hope Hodge Seck at military.com (Sept. 9)

Yes, that’s the same Mark Everson who helped persuade a jury that Bob Kelly was guilty of 99 counts of child sexual abuse.

Everson, a UNC psychologist, disputed well-accepted research that children are suggestible and should not be repeatedly interrogated by therapists. Even 10 years later, he found it hard to believe that every Little Rascals child-witness had been badly interviewed and confused: “There’s so much smoke there, it’s hard to imagine there’s no fire.”

Update: A military court at Camp Lejeune found Col. Wilson guilty of child molestation.
 

April 13, 2016

This week our recently installed Facebook page received a response from the father of one of Junior Chandler’s bus riders. He believes Junior was appropriately convicted and explains why.

Here is our exchange:

I believe Andrew Chandler Junior is guilty of all charges and should not be grouped along with those that you are requesting exoneration.

I was a resident of Madison County, NC in the 1970s and 80s. Not only did Junior transport young children from the day care he also transported handicapped clients from the Mountains of Madison Workshops Mars Hill, NC. My son William B Morris Jr.  (Billy) was one of these clients. Billy is a victim of Cerebral Palsy. We noticed a short time after Junior started transporting Billy, he started rubbing his penis when setting on the couch in our living room. His sister Kelly reported this to us. We also noticed he was not coming home at the usual time he had been when other drivers were bringing him home. Sometimes he was an hour or more late. On one occasion three hours late. The workshop was only 20 to 30 minutes away. After we complained to the transportation manager Junior said he was not going to transport Billy any longer because it was too far out of his way.

One day a neighbor was coming home from Mars Hill after shopping and found Billy crawling along Gabriel’s Creek Road about a mile from our home. I complained to the managers again and the only action taken was to change drivers. This was almost a year before Junior was accused of his crimes. I told the transportation management and notified Erwin Adams the county commissioner that I thought something was wrong about Junior.

Later after Junior was convicted I took Billy to Redmond’s Dam on the French Broad River below Marshall, NC where the crimes were committed, he freaked out and tried to get out of the car. He was terrified. I don’t know what he witnessed or what was done to him there because he couldn’t tell me but it had to have been bad.

William B Morris

Mr. Morris, thank you very much for your thoughtful response.

I can think of lots of reasons for a bus driver’s tardiness other than his pausing to commit “satanic ritual abuse” on his passengers…. All those times Junior Chandler was late, and no passenger or parents reported a larger problem?

After visiting the supposed crime site in Madison County, I found it even more inconceivable that Junior – as described in appellate attorney Mark Montgomery’s amended petition for writ of certiorari – “would drive off his route to a parking area next to the French Broad River, strip the clothes off the toddlers, troop the naked children down to the river, put them on a rowboat, proceed to insert various objects into their anuses and vaginas, bring them back to the bus, put their clothes back on and deliver them home.”

Although I see unexplained incidents and conflicting details, I don’t see anything approaching justification for a felony conviction – much less consecutive life sentences!…..

I’m reminded of a comment by a UNC Chapel Hill psychologist who testified against Bob Kelly in the Little Rascals Day Care trial…. He said about the fantastical, nonsensical testimony of the child-witnesses that “There’s so much smoke there, it’s hard to imagine there’s no fire”…. In that case, it has become inarguably clear that there was indeed no fire…. But the conclusions the psychologist drew from the smoke helped to send Bob Kelly to prison for six years….

If there is fire in the case against Junior Chandler, I’m just not able to recognize it…..

Even though we disagree about Junior’s innocence, I appreciate and share your interest in seeing that justice is done.

Dec. 16, 2015

On this day 25 years ago: Bonds for Little Rascals employees Robin Byrum and Dawn Wilson are reduced to a still excessive $200,000 – Byrum’s from $500,000, Wilson’s from $880,000.

Byrum will be released four days later, Wilson not for eight weeks.

Because she went to trial and the jury returned a guilty verdict (eventually overturned), Wilson’s story is much better known.

But Byrum suffered her own coercive torture at the hands of prosecutors before charges were dropped in 1996.

Nineteen years old when she was arrested in January 1990, she spent almost a year in jail, leaving her 7-month-old baby in the care of her husband. Had she agreed to testify against Bob Kelly, she could have walked out a free woman – and mother.

In “Innocence Lost: The Plea” (1997), Byrum explained why she had been tempted by but repeatedly refused the prosecutors’ deal:

“…. I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I (said I) did something when I didn’t do it.”

April 29, 2016

The damage was minimal compared with that caused by HB2, but the N.C. General Assembly in 1992 produced its own ludicrous overresponse to a nonexistent problem. It fell hard for the “satanic ritual abuse” allegations in the Little Rascals Day Care case.

Requiring SBI notification within 24 hours of any report of sexual abuse in a day-care setting was reasonable enough. But that was only the beginning.

According to the Associated Press:

“Law enforcement officials are teaming up with social services experts to investigate and more effectively prosecute child sexual abuse in North Carolina day-care facilities….

“State Bureau of Investigation Director Charles Dunn said… the goal is to train up to 300 individuals in the state’s largest cities.

“Under the protocol, agencies in counties would establish guidelines for interagency task forces. Each task force would include an investigative unit and a resource unit.

“The typical investigative unit would include a child protective services social worker, law enforcement officer, consultant from the state day-care licensing agency and an SBI agent.

“The resource unit might include medical personnel, SBI lab experts, mental health workers and representatives of the attorney general’s and local district attorney’s offices….”

Maybe this sprawling bureaucratic troop movement, frustrated in its original mission, could be reactivated to enforce HB2 in the state’s bathrooms…..

— My response to a post on HB2 at the North Carolina Criminal law blog (April 29)