Sept. 29, 2015

“Thomas Quick was the name adopted by Swedish petty criminal and drug addict Sture Bergwall, who under ‘recovered memory’ therapy, confessed to raping, killing and even eating more than 30 victims (during the 1970s and ’80s).

“These were supposedly reenactments of ‘recovered memories of sexual abuse’ he had experienced as a child.

“Extraordinarily compelling in the dock as a witness to his own ‘crimes’ (which he had never committed), he was convicted of eight murders. He had trawled newspapers for unsolved killings and convinced the Swedish police that he was responsible – even though he never led them to a single body.

“In 2008, his ‘confessions’ were shown to be untrue and by 2013 the last of his convictions was overturned. The Swedish government has ordered an inquiry into this devastating failure of its justice system. There will be lessons in it for our own (British) authorities.”

– From “Is the therapy that brings out false memories behind VIP abuse claims?” by Dominic Lawson in the Daily Mail  (Sept. 20)

How about that – a government that wants to examine “the devastating failure of its justice system”! If the State of North Carolina ever felt such an urge, I think I could come up with a case or two that meet that description….

April 25, 2016

“Prosecutors wield extraordinary, unparalleled, and unchecked power. ‘They alone decide who to prosecute for criminal offenses, what charges to bring against them, and what punishments to seek,’ as the National Registry (of Wrongful Convictions) says. ‘In practice, that power extends to convicted defendants as well. If a sitting prosecutor asks the appropriate court to vacate the judgment and dismiss the charges against a defendant … it will happen.’

“But this requires political will. And too often, the will is not there. As (Keith Hampton, attorney for Fran and Dan Keller) notes, convincing a prosecutor that an injustice has happened can be a tough pull: ‘Unless you have DNA – unless you get the DA completely cornered – there are no profiles in courage out there,’ he says.

“Still, the number of exonerations in cases where no crime was actually committed are on the rise – so at least in some jurisdictions, individuals aren’t forever left in the kind of limbo in which the Kellers find themselves. The National Registry includes 540 exonerations in no-crime cases, including 51 exonerations in child sex abuse ‘hysteria’ cases (including Bob Kelly and Dawn Wilson)….”

– 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.

July 11, 2014

“….  As you might imagine, I had not had reason to think about the Little Rascals case until your email arrived.  Yes, I was very interested in the case at the time, but had no role or authority to intervene. (See governor’s 1991 response to letter writers.) The arrests and charges were highly publicized, as were the proceedings of the trial, upon which the two accused were convicted.  So, like most citizens, I felt a compulsion to follow the case, at least insofar as the news coverage.

“My recollection is that both the horrible accusations and the contrary indications of coached and imaginative testimony of the children were featured in the coverage….   Being very familiar with Arthur Miller’s brilliant drama, ‘The Crucible,’ I was aware of the possibility of childish fantasy passing as falsely condemning testimony.  From a distance, most readers probably shared the concern, ‘What if it were true?’

“I do not recall whether the defense attorneys contacted my office in an appeal for clemency in 1991-1992.  Had they done so, they would have been advised that my practice was to let the appellate courts complete their judicial review before considering clemency.  This was complete in 1995 when the NC Supreme Court declined to review the finding by the Court of Appeals of trial error, at which time there would be no cause for Governor Hunt to intervene.  I have great respect for the judgment and integrity of then Chief Justice Burleigh Mitchell, and that would settle the legal principles of the matter for me.

“I can only wonder what conclusion I might have reached had the appeal for clemency been properly before me.  My approach in such cases was to meet separately with advocates on both sides, without restricting the nature or style of what they had to say.  I would make my decision based on corroborated evidence and the trial record, without following its standards for disqualifying some evidence.  I gave attention to two main standards: (a) whether the punishment was suited to the nature of the crime, and (b) whether there was doubt as to the guilt of the person convicted….

“I believe your cause is to persuade the Governor to issue a Pardon of Innocence for Bob Kelly and Dawn Wilson.  It may be difficult to produce exculpatory evidence several decades after the events.  You did not say whether Mr. Kelly and/or Ms. Wilson wish to return to that gauntlet, considering the degree to which they have restored their lives.  If they do, it would my hope that Governor McCrory and his counsel would weigh the two guidelines cited above, although no Governor is bound in clemency matters by any precedent of his predecessors.  While it can be difficult to prove a negative, it would help your cause if there were former accusers now in their thirties who have recanted the accusations of their childhood.  Otherwise, the appellate finding of procedural error alone might not be sufficient.”

– From a letter from former Gov. Jim Martin responding to my question about his recollections of the Little Rascals Day Care case

As welcome as a gubernatorial pardon would be, my hopes for the Edenton Seven are more modest:  a “statement of innocence” from the governor or attorney general similar to that given the defendants in the Duke lacrosse case.

If only the Little Rascals prosecutors had been as familiar with “The Crucible” as was the governor….