July 5, 2013

“RALEIGH – During a hearing at the state Court of Appeals, Chief Judge Gerald Arnold repeatedly asked a state prosecutor about the fairness of testimony by (Bob) Kelly’s former attorney in Edenton. Arnold said the attorney had, in effect, testified that he believed in Kelly’s innocence until he learned his child had been abused.

“ ‘How can you argue that it was not extremely prejudicial?’ the judge asked.

“Associate Attorney General Ellen Scouten argued that Chris Bean did not divulge confidential information and did not violate an attorney-client relationship with Kelly. She said Bean testified as a parent and a crime victim.

“Arnold said Bean, now a district court judge, had gone beyond describing what he had seen and witnessed as a parent.

“ ‘This boils down to the most fundamental questions of fairness,’ Arnold said. ‘When you have an attorney testifying that “I was Mr. Kelly’s attorney and I believed in him very strongly until I learned the truth, that is to say that he’s guilty, and then I was shattered.” How can there be more prejudicial, stronger evidence put before a jury than to have a former attorney, the defendant’s attorney say that?’

“Scouten said that because the defense had contended that accusers in Edenton were hysterical people on a witch hunt it was fair to allow the state to show the type of people involved.

“ ‘Mr. Bean and his wife were reputable, respected thoughtful, educated people – not the type of people that would be swept up by community hysteria,’ she said.”

– From “Appeal of 2 defendants in Little Rascals case draws a crowd” in the News & Observer (Jan. 10, 1995)

Given this line of questioning, it came as no great surprise when four months later the Court of Appeals overturned the convictions of both Kelly and Dawn Wilson.

Bean’s unfettered opinionating was only one of three major defects cited by the court, the others being the withholding of exculpatory evidence by prosecutors and the testimony of parents as expert witnesses.

The prosecution got off light – the brief filed by appellate defender Mark Montgomery claimed no fewer than 222 potentially reversible errors.

Sept. 10, 2012

“You saw those initial documentaries, you make a choice: Am I going to watch the thing and go ‘Wow, that’s really horrible,’ and go out and get a milkshake?”

– Johnny Depp, tracing the roots of his advocacy for the West Memphis Three

That could be me talking – except that the eye-opening documentaries for me were “Innocence Lost” rather than “Paradise Lost,” that I’m a retired newspaperman rather than a Hollywood actor and – most crucial – that I went out for a figurative two-decade milkshake run rather than responding immediately to the outrage I was seeing on screen. Hats off to WM3 advocates such as Depp, who moved quickly to challenge prosecutors every bit as recalcitrant as those in North Carolina.

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.)

May 29, 2013

“Very sick! There is clear evidence (the Edenton Seven) are guilty… Very troubling to know someone wastes their time writing about this every day. He’s just as sick as they were. Will pray for (him) and the others. Very sad! Think about the real victims here, they were the children (who) never can escape what they went through. Let it go.”

– Comment from “Believer” in response to “Retired Charlotte Observer Columnist Lew Powell Pursuing State’s Admission of Guilt in Witch Hunt of Wrongly Accused” at NewspaperAlum.com (Aug. 9, 2012)

Was Ben Franklin (or Ambrose Bierce?) correct that “You cannot reason a man out of a position he has not reasoned himself into”? If so, he could hardly have imagined a better example than continued belief in day-care ritual abuse.