Sept. 29, 2014

“Duke law professor Theresa Newman has three boxes full of files about Andrew Chandler Jr.’s case: details about the bizarre allegations, the expert testimony that would not be admissible today and the multiple appeals….”

– From “Duke law clinic to review 1987 conviction” in the Asheville Citizen-Times (Sept. 27)

Thanks to reporter Romando Dixson for providing a thorough recap of the Chandler case, pegged to the recently expressed interest of the Duke Law School Wrongful Convictions Clinic.

Publication in the Asheville paper is especially welcome for Junior’s friends, family and other supporters in nearby Madison County, who likely haven’t seen the case mentioned in print since his conviction in 1987.

Oct. 21, 2011

How would you handle six years behind bars after being wrongfully convicted? Here’s how Bob Kelly did it:

“In jail (in Chowan County before being found guilty) there was nothing but sitting and waiting. Central Prison was easier – I could work.

“A warden told me, ‘Whoever kills Bob Kelly will have a trophy. I can put you in lockup, where you’ll be safe.’ But that would’ve meant spending 23 hours a day in a cell. I said, ‘Put me in the general population. I’ve got 12 life sentences, and I’m not going to do my time hiding.’

“But I tried to be smart. It was two years before I went outside in the yard. All I could think of was, if I got in a fight, how would that affect the appellate court?… Only one time did a jailhouse gangster lay his hands on me, and I realized I had to stand up to him to keep it from happening again….

“My first job was janitor in G block. I waxed the floor, emptied the trash, kept it like my home. They don’t allow bleach, because it would get thrown in the guards’ eyes, but I managed to talk a guy in the laundry room out of a bottle. It was great for spraying down the showers. My block was the only one in the whole prison that smelled like Clorox….

“My next job was running the canteen for lockup. The guys who had been there before me had watered down the Cokes and coffee and pocketed the difference. I wanted to run the best canteen I could, so I started giving full measure….

“You know what the other prisoners said? ‘You’re stupid – don’t you know you could be making money?”

May 10, 2014

“The failure to obtain convictions (in the McMartin Preschool case) combined with massive press coverage during and after, which ‘taught’ the American public various ‘lessons’ about child sex abuse, from child suggestibility to the notion that one must guard against ‘hysteria’ on such issues.

“The Witch-Hunt Narrative (by Ross Cheit) examines the evidence in the McMartin case as well as other widely reported cases, and gathers other sources on the phenomenon, to conclude that the McMartin case and reporting led to a paradigm of treating charges of abuse as a witch hunt rather than legitimate. This book goes a long way to debunk the paradigm, because there was compelling evidence for conviction….”

– From “Book of the Week” by Marci Hamilton at Hamilton and Griffin on Rights

Are we now witnessing the beginning of a belated backlash to the backlash over the “satanic ritual abuse” prosecutions? Contrary to Professor Hamilton’s enthusiastic review, Ross Cheit’s 544-page tome is riddled with inaccuracies, distortions and a shocking number of crucial omissions. Fortunately Debbie Nathan and the National Center for Reason and Justice have responded with a devastating point-by-point refutation – about which more later….

Update: I asked Hamilton, who teaches at Benjamin N. Cardozo Law School, Yeshiva University, to read Nathan’s piece and reconsider. Her response: “We will have to agree to disagree.”

July 1, 2013

I noted last week the continuing unwillingness of law professor John E.B. Myers, widely published authority on child sex abuse, to express an opinion “regarding the guilt or innocence of any of the McMartin defendants.”

In this passage in “Child Protection in America” (2006), which Professor Myers graciously forwarded to me, he justifies his indecision on the case by pointing to claims of secret underground tunnels supposedly discovered (too late!) beneath the McMartin Preschool:

“Several McMartin parents, especially the indefatigable Jackie McGauley, hired an archeologist to excavate under the abandoned preschool. The archeologist conducted an excavation and issued an exhaustive report concluding there probably were tunnels. The tunnels had been backfilled with dirt, but McGauley pointed out that the Buckeys had months to fill in the tunnels after the preschool closed. I read the archeologist’s report and came away convinced. Yet, I shared the report with a colleague who was just as firmly convinced the report proves nothing.”

At the very least, this approach constitutes feckless “research.” To see the tunnel report thoroughly vaporized, Myers needed only to click on “The Dark Truth About the ‘Dark Tunnels of McMartin’ ” by John Earl (1995) or “What Was Under the McMartin Preschool?” by Joseph Wyatt (2002).

When the McMartin parents went digging for nonexistent tunnels, the term “truther” hadn’t yet entered the lexicon. Too bad.