June 23, 2014

“The emphasis has got to be on the crime. Once you start using labels like satanic, sadistic or ritualistic, then you’re immediately raising a red flag…. Law enforcement, prosecutors, judges, mental health professionals and especially the general public begin to back off, because it’s so hard to believe these things happen…. We emphasized rape, sex offense, indecent liberties, crimes against nature…Those were the crimes that Bob Kelly was convicted of, those are what the jury heard evidence of….

“We let the defense attorneys bring out the sadistic and ritualistic….”

– From District Attorney H. P. Williams Jr.’s address to “From Heartbreak Through Healing: Facing the Reality of Sexual and Ritual Abuse of Children,” the first national convention of Believe the Children (April 2-4, 1993, in Arlington Heights, Ill.)

I transcribed Williams’ cautionary prosecutorial advice from audiotapes, so I can only imagine the scene on the speakers’ dais he shared with not only one of the Little Rascals mothers, but also Laura Buchanan, author of “Satan’s Child: A Survivor’s Story That Can Help Others Heal from Cultic Ritual Abuse.”

What must have Williams been thinking as Buchanan earnestly recalled that:

“We stood poised with knives in an incomprehensible world where children killed children….  Permitted to live until age four (my sister) was sacrificed by my parents…. My final programming, as a teenager, occurred on an autopsy table in the coroner’s office. A surgical procedure was staged and through a small incision in my scalp I was told that a surveillance device would be inserted into my brain. The supposed implant would be used at national headquarters to continuously monitor my thoughts. For decades the programming was extremely effective. Until the age of 44, I had no idea that my parents practiced satanism….”

With Bob Kelly and Dawn Wilson locked away, and the overturning of their convictions still two years away, DA Williams was riding high. But surely he must have experienced the slightest frisson of doubt when he saw Buchanan’s patent insanity being swallowed whole by the same audience that so enthusiastically applauded his case against the Edenton Seven.

Feb. 22, 2017

“[When Rich Rosen, Theresa Newman and Jim Coleman began planning the state’s first innocence project], not everyone agreed their work was worth doing. To many… colleagues, in North Carolina and across the country, the letters they were reading were no more than acts of desperation: There was zero chance these inmates were innocent, only that they had nothing to lose by filing paperwork. The American criminal-justice system had always trivialized its own chances at convicting anyone wrongly, feeling certain – as lawyer Christine Mumma no longer could – that protections at trial made that outcome impossible….”

– From “A Justice Startup” by Benjamin Rachlin in “Innocent: The Fight Against Wrongful Convictions,” a Time special edition

Rachlin’s piece is excerpted from “Ghost of the Innocent Man: A True Story of Trial and Redemption,” to be published in August.

June 18, 2015

Given my thoroughly unsuccessful attempt to persuade the State of North Carolina to erect a historic marker recalling the Little Rascals Day Care case, I had to laugh at discovering this 1993 letter to the Elizabeth City Daily Advance:

“Dear Editor:

“The year is 2022. The town of Edenton, last stop on the witch-hunt trail beginning in Salem, Mass., with an intermediate stop at Joe McCarthy’s office in Washington, D.C., has finally decided to build a historic marker. (It will be) directly across the street from the town’s $4 million tour center, where people gather from across the nation (indeed, from around the world) to see and feel and learn about the Edenton witch hunts of 1990-1993….

“It is here where the walking tours start, where the T-shirts are sold and where the buses disgorge their curious cargo….”

Letter writer David W. Tucker of San Francisco – who in all likelihood had recently watched “Innocence Lost: The Verdict” – expressed confidence that the marker would eventually be approved, even if not by 2022:

“The only question is whether the marker will speak of the community’s collective shame
or, instead, of the individuals and groups of good will and courage who brought lasting honor to Edenton by rescuing Bob Kelly, Dawn Wilson, the Twiddy family and the others from the nightmare that fear, hate and ignorance visited upon them….”

April 25, 2016

“Prosecutors wield extraordinary, unparalleled, and unchecked power. ‘They alone decide who to prosecute for criminal offenses, what charges to bring against them, and what punishments to seek,’ as the National Registry (of Wrongful Convictions) says. ‘In practice, that power extends to convicted defendants as well. If a sitting prosecutor asks the appropriate court to vacate the judgment and dismiss the charges against a defendant … it will happen.’

“But this requires political will. And too often, the will is not there. As (Keith Hampton, attorney for Fran and Dan Keller) notes, convincing a prosecutor that an injustice has happened can be a tough pull: ‘Unless you have DNA – unless you get the DA completely cornered – there are no profiles in courage out there,’ he says.

“Still, the number of exonerations in cases where no crime was actually committed are on the rise – so at least in some jurisdictions, individuals aren’t forever left in the kind of limbo in which the Kellers find themselves. The National Registry includes 540 exonerations in no-crime cases, including 51 exonerations in child sex abuse ‘hysteria’ cases (including Bob Kelly and Dawn Wilson)….”

– From “Convicted of a Crime That Never Happened: Why Won’t Texas Exonerate Fran and Dan Keller?” by Jordan Smith at the Intercept (April 8)