Nov. 27, 2014

“Of the dozen or so historical markers clustered in the town of Edenton, only one – recognizing novelist Inglis Fletcher – postdates the 1800s.

“The North Carolina Highway Historical Marker Committee now has the opportunity, 25 years after the first arrest in the Little Rascals case, to add to that number a 20th Century event inarguably significant in the legal and social history of not just North Carolina but also the nation.”

– From my application proposing “history on a stick” recognition for the Little Rascals Day Care case

The marker committee, composed of historians from four-year colleges across the state, will meet in December to decide which pending applications meet its criteria.

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….

cheshireparker.com

Brad Bannon

April 20, 2016

“‘If prosecutors have an ethical duty to avoid wrongful convictions, then they should have some sort of ethical duty to remedy wrongful convictions,’ said attorney Brad Bannon of the North Carolina Bar’s ethics committee.

“He wants North Carolina to adopt a rule recommended by the American Bar Association, requiring prosecutors to come forward if they find ‘new, credible and material evidence’ that an innocent person is serving time. Thirteen states have adopted the post-conviction rule. North Carolina isn’t among them.

“The State Bar rejected the rule several years ago but recently appointed a committee to reconsider….”

– From “Rule targets prosecutors who don’t reveal innocence evidence” by Martha Waggoner of the Associated Press (April 16)

Given prosecutors’ disproportionate influence on the state bar, to even “reconsider” the disclosure rule suggests the recent stream of unbecoming publicity  hasn’t gone unnoticed.

Oct. 17, 2011

The two largest ritual-abuse day-care cases – Little Rascals in Edenton and McMartin in California – bore many similarities but McMartin resulted in not a single conviction.

I asked Mark Montgomery, who in 1995 successfully argued Bob Kelly’s case before the North Carolina Court of Appeals, why that might have been:

“Each state has its own criminal laws, rules of procedure and evidence, etc. … Several features of the law in North Carolina gave prosecutors an advantage.

“First, the prosecution interviewed all the children attending Little Rascals Day Care. Most said they had seen no abuse. The law allowed the prosecution to withhold those interviews from the defense. And the defense was not allowed to interview the children. So all the jury heard were the stories of the 12 children who were the subject of indictments.

“Second, the law allowed the state’s expert witnesses to testify that they believed the children’s claims.

“Third, the defense was not allowed to conduct its own physical or psychological examinations of the children.

“Fourth, North Carolina had (and has) very liberal rules for the admission of hearsay by children in these cases. Almost anything a child says out of court can be used by the jury as substantive evidence of guilt. An effective prosecution strategy was to enlist the parents to elicit allegations of abuse. For months, parents, who were told their children had been abused, pleaded with their children to ‘disclose.’ Some eventually did. The prosecution then called the parents as witnesses to testify to what their children said, even if the children themselves did not testify.”