Nov. 8, 2013

While we await Gov. McCrory’s decision on whether to promote Nancy Lamb to district attorney, another key figure in the Little Rascals prosecution is stepping aside.

From the Elizabeth City Daily Advance:

EDENTON – Judge Chris Bean, chief district court judge in the 1st Judicial District, does not plan to seek re-election to another term.

Bean, who has been a judge for more than two decades, said recently he plans to step down when his current term ends in December 2014.

“I have been doing this for 20-some years,” Bean said. “It has been a fascinating career.”

Unmentioned by Judge Bean (or by the Advance, which seems to have purged Little Rascals from its memory)  is his deeply prejudicial testimony against former client Bob Kelly.

Bean and Lamb have continued to share an immunity to just consequences. (Compare the enormity of the Little Rascals prosecution with the penny-ante misconduct that typically brings about disbarment in North Carolina.)

Only their innocent victims – the Edenton Seven, the child witnesses – paid a price, and it was a high one indeed.

May 25, 2015

“Investigative journalist Susan Goldsmith has spent years examining the medical and legal industry that has arisen to promote its belief that vicious baby-shaking by enraged adults has killed thousands of infants, the subject of the new documentary The Syndrome….

“We’ve been here before. The Syndrome rewinds to the 1980s when the panic on behalf of children was Satanic Ritual Abuse, a national frenzy in which prosecutors and juries sent daycare employees to jail for years for crimes as implausible as cutting off a gorilla’s finger while at the zoo, then flying the children over Mexico to molest them.

“The media leapt on these accusations. So, too, did the doctors. ‘They medicalized Satan,’ says Goldsmith. ‘(Doctors would) go into court and say, “Yeah, she’s got a Satanic Ritual Abuse notch in her hymen” ’….

“Satanic Ritual Abuse and Shaken Baby Syndrome are more similar than they sound. In both cases, the expert speaks for the victim. The discredited Satanic Ritual Abuse cases proved that adults were able to pressure children to swear to all sorts of falsehoods…. The alleged victims of Shaken Baby Syndrome are either dead or too young to explain what happened. Thus a doctor’s educated opinion becomes crucial – even if that doctor is adhering to incorrect ‘proof’ of abuse.”

– From “Is Shaken Baby Syndrome the New Satanic Panic?” by Amy Nicholson in LA Weekly (April 9, 2015)

May 8, 2015

“A new investigation by the governor into ‘culpability’ has some concerned that he may be caving to the political pressure inherent in the pardon process – particularly given the exhaustive review and judicial imprimatur that the (Henry) McCollum and (Leon) Brown cases have already received.

“The original prosecutor, Joe Freeman Britt, has publicly opposed any pardon for the men. ‘There is no doubt in my mind that they’re not entitled to a pardon, and there in no doubt in my mind that they’re not entitled to compensation for the taxpayers,’ he said in the March (16) New York Times story.

“But attorneys involved in the case and other who work in this area say that the governor’s work has already been done for him.

“ ‘A district attorney would not have consented to their innocence, and a judge would not have put innocence in their order, if there was any level of culpability,’ said Chris Mumma, executive director of the North Carolina Center on Actual Innocence….”

– From “Begging for a pardon: Why some of the wrongfully convicted could go penniless” by Sharon McCloskey at NC Policy Watch (May 6)

Now that Gov. McCrory has returned from the Global Gourmet Games, perhaps he is at last bringing his ‘culpability’ investigation to an end. But the question remains: Why did he open it in the first place? Why was it appropriate to add eight months to North Carolina’s brutal mistreatment of McCollum and Brown? Surely, it wasn’t an effort to satisfy the notorious Joe Freeman Britt!

Oct. 5, 2012

Because today’s North Carolina Supreme Court decision on Junior Chandler’s appeal comprised three separate parts, I didn’t fully comprehend it.

“Is this good news or bad?” I emailed Mark Montgomery, Junior’s appellate lawyer.

“The worst,” he replied. “We’re out of court.”

Yes, this is the worst – the absolute, inexcusable, shameful worst.

The justices have denied Junior Chandler, probably the last still-imprisoned victim of the multiple-offender, multiple-victim ritual-abuse day-care panic, his final chance for a new trial. After 25 years behind bars – more than all the Little Rascals defendants combined! – he faces only more of the same.

If I were a lawyer, maybe I could understand how the North Carolina Supreme Court arrived at its decision.

How it was unmoved by Junior’s feeble representation early on.

How it was uninterested in the epochal progress made in limiting expert testimony.

How it was all too eager to find petty justifications for validating a prosecution rotten at the core.

But probably not.