Dec. 2, 2011

“Videotaped interviews made during the early cases (alleging day care ritual sex abuse) show that when children were allowed to speak freely, either they had nothing to say about abuse or they denied it ever happened to them.

“Once it became obvious that these records would prevent guilty verdicts, prosecutors began advising investigators not to keep tapes or detailed notes of their work.”

– From “Satan’s Silence: Ritual Abuse and the Making of a Modern American Witch Hunt” by Debbie Nathan and Michael Snedeker (1995)

Perhaps the most significant difference in the two largest abuse trials was that McMartin defense attorneys were able to expose to jurors the prosecution therapists’ manipulative interview techniques, while Little Rascals attorneys were stymied by the premeditated unavailability of original documentation.

“After Bob Kelly’s indictment,” according to an article in the ABA Journal, “Bill Hart, a North Carolina deputy attorney general assigned to the case, traveled to Los Angeles to consult with McMartin prosecutors.

“He learned that McMartin jurors had criticized videotapes of therapist Kee McFarlane’s interviews with the children. She asked leading questions and rebuked children who did not tell of abuse….”

Hart could have brought back to North Carolina the lesson that interviewers shouldn’t “(ask) leading questions and (rebuke) children who did not tell of abuse.” Instead, he brought back the lesson that interviewers should leave no evidence of having used exactly those fraudulent techniques.

May 16, 2014

Exhibit A:

“Last year at a state solicitors’ convention in Myrtle Beach, (South Carolina State Supreme Court Justice Donald Beatty) cautioned that prosecutors in the state have been ‘getting away with too much for too long.’ He added, ‘The court will no longer overlook unethical conduct, such as witness tampering, selective and retaliatory prosecutions, perjury and suppression of evidence. You better follow the rules or we are coming after you and will make an example. The pendulum has been swinging in the wrong direction for too long and now it’s going in the other direction. Your bar licenses will be in jeopardy. We will take your license’….

“If most prosecutors are following the rules, you’d think they’d have little to fear, and in fact would want their rogue colleagues identified and sanctioned….The state’s prosecutors didn’t see it that way….

“At least 13 of the head prosecutors in the state’s 16 judicial districts, along with South Carolina Attorney General Alan Wilson, are asking for Beatty to be recused from criminal cases. This would presumably end his career as a state supreme court justice….”

– From “Judge says prosecutors should follow the law. Prosecutors revolt.” by Radley Balko in the Washington Post (March 7)

Exhibit B:

“….Decades of studies show eyewitness testimony is only right about half the time – a reality that has prompted a small vanguard of police chiefs, courts and lawmakers to toughen laws governing the handling of eyewitnesses and their accounts of crimes….

“Prosecutors, however, have opposed the efforts, arguing that the changes erode their powers, even as studies have shown that eyewitnesses are about half as likely to choose the correct suspect out of a lineup as they are to choose some combination of the innocent fillers or no suspect at all when the correct one is present. The reexamination of eyewitness testimony comes at a time when technology and other forensic analysis are being given greater weight….”

– From “Eyewitness Testimony No Longer A Gold Standard” by Nigel Duara of the Associated Press (April 19, 2014)

TV prosecutor Jack McCoy suffered his own ethical dark nights of the soul, but I can’t imagine him finding much in common with such miscreants as these.

July 21, 2015

“When Massachusetts exonerated the Salem victims in 1710 it overlooked six women. They remained missing through the 1940s and 1950s as the commonwealth considered pardons but could not seem to make up its legislative mind.

“One lawyer appearing before a Senate committee objected to ‘fooling with history.’ Some legislators feared expensive suits for damages. Others hinted that a pardon might knock Salem’s witches from their tourist-bewitching brooms. As the Commonwealth of Massachusetts had not existed in 1692, it surely had no jurisdiction over a verdict of Massachusetts Bay.

“On Halloween 2001 – weeks after we began to wonder anew about unseen evils – Massachusetts pardoned the last of the Salem witches….”

– From “The Witches: Salem, 1692” by Stacy Schiff (due Oct. 27) 

Oct. 18, 2013

Because the Elizabeth City Daily Advance rejected my letter to the editor questioning its support of Nancy Lamb for district attorney, I’ve been posting comments in the online Advance, these two most recently:

Oct. 2: “It was no ‘technicality’ that led the North Carolina Court of Appeals to overturn the conviction of Bob Kelly (and of Dawn Wilson). The court focused on three glaring reversible errors in Kelly’s trial and implied it could have cited many more had that been needed. You can read the decision here.

“Little Rascals was only one of a wave of ‘ritual abuse’ day-care prosecutions during the ’80s and ’90s – virtually all of them based on hysteria rather than facts. You can read more here.

“Thank God, ‘Frontline’ put a national spotlight on the shameful abuse H.P. Williams, Bill Hart and Nancy Lamb – and their team of ill-trained therapists – were inflicting on the Edenton Seven, but the miscarriage of justice was clear even without it.”

Oct. 12: “Unfortunately, the most salient example of Nancy Lamb’s ‘ability to think for herself’ was her irrational, hysterical, unprofessional prosecution of the Little Rascals Day Care case. It would be easier to forgive her role in perpetuating the myth of ‘satanic ritual abuse’ in day cares were she finally able to admit her mistake and to apologize for crushing the lives of seven innocent defendants.”

After the death of District Attorney Frank Parrish, Gov. McCrory gave Lamb a 60-day appointment as interim DA. He is now deciding who should complete Parrish’s term. Next election for DA will be in November 2014.