Aug. 20, 2015

“In the mid-1980s, a friend of mine testified on behalf of an elementary-school teacher who had been accused of being a pedophile.

“A child had told his mother that the teacher had taught them about ‘boobies and dicks’ and had drawn a picture on the blackboard that sounded suspiciously to the mother like an image of an ejaculating penis.

“The police had raced to the classroom and confiscated the damning evidence: several copies of ‘Moby-Dick.’ What the teacher had drawn was a whale and its spout.

“Looking back, we can see that the only boobies involved in this case were the adults. But whenever we are in the midst of a moral panic, as we were in the 1980s, we feel that our alarm is reasonable and that punitive solutions are appropriate.

“Dicks? That child knew the word ‘dicks’? Cancel sex ed! Run that teacher out of town!…”

– From “A Very Model Moral Panic” by Carol Tavris in the Wall Street Journal (Aug. 7)

Jan. 29, 2016

“The release last month of ‘Making a Murderer’ capped a year in which popular culture’s portrayal of the criminal justice system seems to have shifted. Out with the old tropes about truth-seeking investigators and tidy resolutions; in with the disquieting, dysfunctional reality of many courtrooms and police stations….

“Yes, post-conviction DNA testing and the work of Innocence Projects around the country have exonerated more than 1,700 defendants. Those cases heighten awareness of potential errors and demonstrate that wrongful convictions happen. But Americans shouldn’t expect certainty about innocence. Sometimes the focus on finding new evidence to exonerate distracts from the question of whether the old evidence proved guilt….

Read more here. Cached here.

“Fewer than 70,000 federal felonies are prosecuted each year, while roughly 2.5 million felonies proceed through the state courts. Many state cases involve near-simultaneous investigation and prosecution. One rarely finds out ‘what really happened.’

“The prosecutor in Avery’s trial argued in his closing statement that ‘reasonable doubts are for innocent people.’ They are not. And procedural protections like access to defense counsel and freedom from coerced interrogations extend to both the innocent and the guilty. The real contribution of these documentaries is not to ask ‘whodunit’ but to reveal what was done to defendants….

“The United States criminal justice system needs fewer guilt-assuming interrogation tactics, more disclosure of potentially exculpatory information to the defense, expanded oversight units within prosecutors’ offices to investigate potential miscarriages of justice and fuller appellate scrutiny of convictions.

“The moment is ripe for reform, culturally and politically….”

– From by “ ‘Making a Murderer’ Is About Justice, Not Truth” by Lisa Kern Griffin, Duke Law professor and former federal prosecutor, in the New York Times (Jan. 12)

Will this heightened skepticism about the nation’s justice system ever trickle down to exonerate the Edenton Seven and free Junior Chandler?

April 8, 2016

“North Carolina’s attorney general (Roy Cooper) should set up a group to investigate claims of wrongful convictions to prevent more innocent people from being in prison, the head of the state NAACP said Thursday.

“The Rev. William Barber also called on Gov. Pat McCrory to establish a task force to recommend ways to strengthen protections against wrongful convictions….”

“Cooper’s office said a meeting was held with Barber and representatives of the NAACP: ‘We look forward to working with them to address systemic issues in the criminal justice system.” Cooper also wants more money for N.C. Innocence Inquiry Commission, which has been involved in releasing eight innocent men.

“McCrory’s office didn’t… respond to Barber’s comments….”

– From “NAACP: Attorney General should review wrongful convictions” by Martha Waggoner of the Associated Press (March 24) (text cache)

The latest addition to the long list of questionable North Carolina convictions comes from Gaston County (thank you, Elizabeth Leland of the Charlotte Observer). Least surprising sentence in Leland’s series: “The prosecutors who tried the case declined to be interviewed.”

Feb. 13, 2016

“The disciplinary board of the Texas State Bar on Monday affirmed the agency’s decision to disbar Charles Sebesta, the former prosecutor who oversaw the wrongful death sentence of Anthony Graves.

“Graves, who spent 18 years in prison, including 12 on death row, for a fiery multiple murder he did not commit… had asked the Bar to hold Sebesta accountable for withholding critical evidence of his innocence.

“ ‘The bar stepped in to say that’s not the way our criminal justice system should work,’ Graves said. ‘This is a good day for justice.’ ”

– From “State Bar board affirms disbarment of prosecutor who sent innocent man to death row” by Brandi Grissom in the Dallas Morning News (Feb. 8)

Legal scholar Jonathan Turley notes that “Sebesta’s conduct was shocking but remains a relatively rare example of prosecutors being held accountable in such cases of prosecutorial abuse.”

Although the Texas Bar displayed little eagerness to bring a prosecutor to justice – and disbarment is a petty consequence indeed for the enormity of Sebesta’s malfeasance – its response seems darn near heroic compared with the shameful vindictiveness we have come to expect from the North Carolina Bar.