June 4, 2015

“Gov. Pat McCrory on Thursday pardoned two half-brothers who were exonerated of murder after spending three decades in prison.

“The governor took nine months to make the decision….”

– From “Governor pardons McCollum, Brown” by Craig Jarvis in the Raleigh News & Observer  (June 4)

Henry McCollum and Leon Brown, both intellectually disabled and now destitute, had been declared innocent last year by a Superior Court judge. But that exoneration, based on DNA evidence from the crime scene, wasn’t good enough for the governor, and even now the statement accompanying his pardon of innocence is lukewarm at best:

“It is difficult for anyone to know for certain what happened the night of Sabrina Buie’s murder…. I know there are differing opinions about this case and who is responsible….”

McCollum and Brown now qualify for $50,000 for each year they were imprisoned, up to a maximum of $750,000 – unless McCrory decides that process demands further investigation as well.

Read more here.

Dec. 28, 2011

“Throughout the trial, prosecuting attorneys (in the Little Rascals case) repeatedly pursued their hunches without an apparent desire to test an alternate theory. This resulted in a rather spectacular false admission by 6-year-old Andy, who had been a 3-year-old at the time of the alleged sexual abuse by Bob Kelly.

“ ‘Prosecutor: Do you remember a time where you ever had to do anything to Mr. Bob’s hiney with your mouth?

“ ‘Andy: No, ma’am.

“ ‘Prosecutor: Do you remember telling Dr. Betty that one time you had to lick Mr. Bob’s hiney? Did that happen? Did you ever have to do that, that you didn’t want to do it?

“ ‘Andy: Yes, ma’am.’

“In reality, the prosecutor had made a mistake, thinking that the charge was that Andy had sodomized Bob Kelly, rather than the other way around. The state dropped this charge after it realized Andy had admitted to the wrong charge.

“This ought to have sensitized the prosecution to the very real dangers of pursuing a single hypothesis in the relentless manner we have described, but unfortunately it did not appear to have done so.”

– From “Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony”
by Stephen J. Ceci and Maggie Bruck (1995)

March 21, 2012

“In July 1993, (Tracey Cline) headed to the state’s northeast corner to work as a prosecutor in a cluster of counties near Elizabeth City. Her stint there was short-lived, just six months, and unremarkable, according to supervisors….

“ ‘I hated to see her leave….’ (former District Attorney H. P.) Williams said. ‘I would have given her a good recommendation.’ ’’

– From the News & Observer of Raleigh, February 19, 2012

Williams may have nothing to say on behalf of the innocent Little Rascals defendants, but he seems ever eager to speak well of Cline and Durham’s other epically unethical DA.

Oct. 9, 2013

“We are a society that, every 50 years or so, is afflicted by some paroxysm of virtue – an orgy of self-cleansing through which evil of one kind or another is cast out.   From the witch-hunts of  Salem to the communist hunts of the McCarthy era to the current shrill fixation on child abuse, there runs a common thread of moral hysteria.

“After the McCarthy era, people would ask: But how could it have happened?  How could the presumption of innocence have been abandoned wholesale? How did large and powerful institutions acquiesce as congressional investigators ran roughshod over civil liberties – all in the name of a war on communists?  How was it possible to believe that subversives lurked behind every library door, in every radio station, that every two-bit actor who had belonged to the wrong political organization posed a threat to the nation’s security?

“Years from now people doubtless will ask the same questions about our present era – a time when the most improbable charges of abuse find believers; when it is enough only to be accused by anonymous sources to be hauled off by investigators; a time when the hunt for child abusers has become a national pathology.”

– From “From the Mouths of Babes to a Jail Cell” by Dorothy Rabinowitz (Harper’s Magazine, May 1990)