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.

Three years ago a former Edenton resident told me: “The town leaders still have some things to answer for about Little Rascals, and I suspect that until there is a process of reconciliation, the town will remain a troubled place, though it does a good job putting on a facade.”

Edenton will elect its town officials Nov. 5. The predominant issues – population decline and the lack of a second supermarket – are clearly important, but I want to add another. This is from a query I sent all the candidates:

I don’t live in Edenton, but I’m reaching out to candidates for mayor and town council about a local issue of historic importance.

The Little Rascals Day Care case was Edenton’s most significant event of the 20th Century. The trial of Robert Kelly remains the longest and most expensive in North Carolina history. He served six years in prison before the North Carolina Court of Appeals overturned his conviction and that of Dawn Wilson. The lives of Kelly, Wilson and the five other defendants were profoundly harmed over allegations of “satanic ritual abuse” of children in their care.

The Little Rascals case, most prominently covered by eight hours of documentary coverage on PBS’s “Frontline,” also did nationwide damage to the town’s reputation. But Edenton has never reexamined, much less made amends for, the wrongful prosecution of the Edenton Seven. One way to move forward would be to create a Truth and Reconciliation Commission.

Fact-finding, non-judicial truth commissions first appeared in the 1970s and have since been used to foster honest discussion and to encourage reconciliation in the aftermath of community conflict.

In North Carolina the Greensboro Truth and Reconciliation Commission was an independent, seven-member body that sought to heal a city left divided and weakened by the “Greensboro Massacre” of 1979. The parallel to Edenton is inexact but undeniable.

If elected, would you consider supporting a Truth and Reconciliation Commission to address Edenton’s continuing divide over the Little Rascals Day Care case? Thank you for your time and attention. And good luck in your campaign.

The two candidates who have responded so far seem at least cautiously open to the idea. One day the Town of Edenton will surely find the courage to embark on its long-avoided “process of reconciliation” – let’s hope the Edenton Seven are around to see it.’

March 29, 2013

“ELIZABETH CITY – Attorneys for the seven defendants in the Edenton child abuse case want to know what techniques were used to elicit accusations from the children…. Prosecutors don’t want to tell them….

“(District Attorney H.P.) Williams would not address a reporter’s questions about how the Edenton investigation was conducted….

“Mr. Williams declined to say how the Edenton investigation grew from complaints by three families to its current size. He declined to say how they communicated with parents or whether a letter was sent out.

“He would not discuss who had interviewed the children or what interview techniques had been used….”

– From “Prosecutors won’t discuss techniques” in the Raleigh News & Observer (Feb. 25, 1990)

Two decades later Williams, though no longer district attorney, was still “not in a position to talk about it.”

Coincidentally – or not – the Little Rascals story shared Page 2C with one noting that “Social workers are trying to determine why reported cases of child abuse and neglect in North Carolina jumped 27 percent in 1989, while cases nationally are expected to rise only 3 percent or 4 percent….”

A consultant with the state Division of Social Services observed that “Any time you get a radical increase in the number of complaints, you’re probably getting a number of complaints of questionable validity…..Folks who make those reports need to use some common sense.”

Feb. 11, 2016

“Significant criminal justice reforms (are needed) to minimize the chances of wrongful prosecution in the future.

“Some might dismiss such goals as a liberal utopian ideal, but criminal justice reform is being embraced nationwide by tea party conservatives. Why? Because few things exemplify the overreach of an all-too-powerful government (better) than one that yanks away an individual’s freedom without legal justification….

“Conservatives in the heavily Republican Texas legislature have embraced some of the most far-reaching criminal justice reforms in the country….”

– From “Shame and joy behind 149 exonerations” in the St. Louis Post-Dispatch (Feb. 7 editorial)

And how is North Carolina’s own heavily Republican legislature taking up the cause of criminal justice reform? With the piously labeled Restoring Proper Justice Act, (text cache), which both conceals information on the drugs used for capital punishment and repeals a law requiring a physician be present.  Sponsoring Rep. Leo Daughtry railed against “roadblocks in front of the death penalty (that) have stopped us from using the punishment” for the past decade.

Had Daughtry had his way, death row inmates Henry McCollum and Leon Brown would long since have been executed – instead of exonerated and then pardoned by the same governor who blithely signed the Restoring Proper Justice Act into law.