Sept. 3, 2012

Since its creation by the General Assembly in 2006, the North Carolina Innocence Inquiry Commission has considered more than 1,100 innocence claims, three of which resulted in exonerations.  This is from a letter I wrote the Innocence Inquiry Commission requesting that it take up the case of the Edenton Seven:

“I am fully aware that my request falls outside the letter of your mandate. It is of such importance, however, that I believe consideration by the Commission would be both just and appropriate.”

And this is from the response I received from Kendra Montgomery-Blinn, executive director:

“By law the Commission is only permitted to consider claims arising from current convictions. We cannot consider cases in which the conviction was vacated, even if the claimants were not fully exonerated.

“I am familiar with the (Little Rascals) case as I studied it both in college and in law school. In fact, I cited the case in the brief for a 2007 Commission hearing….

“I am sorry that the Commission cannot be of further assistance. The only other option I am aware of is a Gubernatorial pardon. The surviving defendants from the Wilmington 10 case have recently applied for pardons.

“Thank you for contacting the Commission and for continuing to bring attention to this important case and the subject of wrongful convictions. I am proud that North Carolina is first in the nation to have a state-run innocence commission.”

Another door to exoneration is closed, however sympathetically. Others remain.

Footnote: The hearing Ms. Montgomery-Blinn mentions grew out of a 2001 case in Pitt County. Henry Reeves had been convicted of taking indecent liberties with his 6-year-old daughter, Marquita. This passage in the Innocence Commission’s investigative statement caught my eye:

“Barbara Hardy (the child’s mother and the defendant’s wife) stated that when Marquita came out of her sessions with Dr. (Betty) Robertson, Marquita would have gum or little presents, and Marquita would state ‘Look what she gave me for getting the questions right.’

“Mrs. Hardy said that she tried to tell Dr. Robertson that Marquita was a people pleaser  and may say things just to be rewarded, but Dr. Robertson said, ‘I believe it happened, and it’s going to court.’

“It is important to note that Dr. Robertson…. provided therapy and evaluations to 23 of the children in (the Little Rascals) case….”

Still rewarding possibly-abused children for “getting the questions right”?  Did Betty Robertson learn nothing from the 23 false positives she reported in Edenton?

Aug. 6, 2016

It’s appalling to see the New York Times, in its Aug. 5 obituary on Chris Costner Sizemore, “the real patient behind ‘The Three Faces of Eve’, quote as experts Dr. Colin A. Ross and Dr. Richard Kluft, psychiatrists who validated and promoted the “satanic ritual abuse” moral panic of the 1980s and early ’90s.

For decades Dr. Ross has spun out cockamamie ideas from supernatural “eye beams” to CIA conspiracies. And as recently as a 2009 interview on CBS “Sunday Morning,” Dr. Kluft confidently posited a nationwide epidemic of undiagnosed cases of “multiple personality disorder”:

Tracy Smith: So do you think that there are, what, thousands of people walking around out there with MPD who don`t even know it?

Kluft: Oh, easily.

Smith: Tens of thousands?

Kluft: Easily.

Smith: Hundreds of thousands?

Kluft: Easily.

Smith: Millions?

Kluft: We might be at that level.

Do Ross and Kluft really provide the kind of authority the Times needed for this story?

The full obituary on Chris Costner Sizemore is here, cached here.

Aug. 9, 2015

“Suppressing evidence, coddling informants, even outright lying are some of the instances of prosecutorial misconduct that sent away nearly half the 1,621 people convicted for crimes they didn’t commit since 1989, according to the University of Michigan Law School’s National Registry of Exonerations. These are only the cases we know about, surely only a small fraction of the wrongly convicted….

“In a 2011 report on 707 such cases, only six prosecutors (none in “satanic ritual abuse” day-care cases) were disciplined. Almost all still have their licenses, and are still practicing law….

“Prosecutors are granted immunity for most kinds of misconduct. It’s easy to see the reasons for this policy: otherwise, every well-heeled convict would sue, clogging the system and making it impossible for prosecutors to do their jobs. At the same time, that immunity is so absolute that prosecutors simply get off scot-free, even when misconduct is established. Even worse, most states lack any meaningful oversight of prosecutors: no commissions, no review boards, nothing.

“America is the only country in which many prosecutors are elected…. The disciplinary commission that sanctioned Mike Nifong – prosecutor of the Duke lacrosse team on false rape charges – noted his upcoming primary election as a motivating factor for his misconduct. The pressure to produce wins has led to a ‘win-at-all-costs’ mentality in some offices, especially when voters reward such behavior.”

– From “It’s Not Just Bad Cops: Prosecutors Run Wild” by Jay Michaelson at the Daily Beast (Aug. 8)

For whatever reason, voters in the First Judicial District declined to “reward such behavior” by Little Rascals prosecutors H. P. Williams Jr. and Nancy Lamb. District Attorney Williams failed to win re-election in 1994, and Lamb lost her bid for DA in 2014.

July 10, 2014

“Thank you for your letter expressing your concerns about the prosecution of the Little Rascals Day Care Center personnel in Chowan County. Although this matter is outside my jurisdiction as head of the executive branch, I appreciate your interest in the administration of justice in North Carolina….

“I would suggest that it might be appropriate to wait until after the trial when all the evidence has been heard before reaching conclusions about the correctness of actions taken by (District Attorney H.P. Williams) and the court.

“North Carolina has had a long history of evenhandedness in the administration of justice, and I am confident that the tradition continues to be in effect. Nonetheless, if you wish to express your concerns directly to the District Attorney, his address is…..”

– From Gov. Jim Martin’s response to PBS viewers appalled by the first installment of “Innocence Lost” (May 7, 1991)

Last week I found in the State Archives in Raleigh about a dozen letters beseeching Gov. Martin to look into the case. Although significantly less heated than those addressing the mayor of Edenton, the letters expressed alarm about the plight of the Edenton Seven:

“As a member of Amnesty International, I write letters to officials of foreign governments, many of them without democratic governments or traditions, urging them to look into the cases of people being unjustly treated…. (In Edenton) one fact cannot be ignored: Defendants have been held in jail without a trial for close to two years….”

– Laura J. Reid, New York City

“I was disturbed by the incredibly high bonds recommended by the District Attorney and allowed by the Judge…. I would hope that you will personally intervene to request judicial review of the bonds set….”

– Steven J. Edwards, Decatur, Ga.

“As a former teacher, I can assure you that children – especially young children – can easily be coaxed, cajoled or pressured into say just about anything an adult might wish them to say.”

– S.T. Reynolds, Woodland, Calif.

I have asked Gov. Martin, now retired and living at Lake Norman, to discuss his views of the Little Rascals case both then and now. I’ll be posting his response soon.