April 20, 2016

“‘If prosecutors have an ethical duty to avoid wrongful convictions, then they should have some sort of ethical duty to remedy wrongful convictions,’ said attorney Brad Bannon of the North Carolina Bar’s ethics committee.

“He wants North Carolina to adopt a rule recommended by the American Bar Association, requiring prosecutors to come forward if they find ‘new, credible and material evidence’ that an innocent person is serving time. Thirteen states have adopted the post-conviction rule. North Carolina isn’t among them.

“The State Bar rejected the rule several years ago but recently appointed a committee to reconsider….”

– From “Rule targets prosecutors who don’t reveal innocence evidence” by Martha Waggoner of the Associated Press (April 16)

Given prosecutors’ disproportionate influence on the state bar, to even “reconsider” the disclosure rule suggests the recent stream of unbecoming publicity  hasn’t gone unnoticed.

May 22, 2013

“One of the biggest strengths for the prosecution was that these children would go home every night to a parent or parents fully aligned with the prosecution theory. The story line would be reinforced at dinner, bathtime, playtime, bedtime….

“The children were, of course, separated from further contact with the accused day care workers, and by the time of trial their young memories of the actual person had been replaced by the fictional person, if they could remember who the perpetrators were supposed to be at all.

“At one point, a Little Rascals child pointed to a picture of the sheriff as one of the defendants; this identification, of course, was selectively ignored.”

– From “The Metanarrative of Suspicion in Late Twentieth-Century America” by Sandra Baringer (2004)

Edenton’s mayor was also among the initially accused, who numbered either 20, 24 or “dozens,” depending on the source. The inevitable question: How did prosecutors come to choose the Edenton Seven? Who lucked out – and why?

Jan. 16, 2016

“Joseph Sledge spent 37 years in prison for a crime he didn’t commit. At his trial, the state paid a lying snitch to testify against him. While he was in prison, (Jon David, the latest Bladen County district attorney) opposed the DNA testing that would eventually prove Sledge’s innocence. And when the long-delayed tests showed Sledge wasn’t the culprit, the state waited another two years to release him from prison.

“Now that Sledge is finally free, the only person being punished is the lawyer who fought to prove his innocence, Chris Mumma. On Thursday, the State Bar found that Mumma violated professional ethics by testing a water bottle for DNA without permission from its owner – all in an attempt to gain an innocent man his freedom against long odds. (The test of the water bottle was inconclusive and had no impact on the final outcome.)….

“In all the cases where Mumma has freed innocent people, no prosecutor has ever faced charges….Instead, the State Bar sent a message that lawyers who expose the system’s misdeeds could be subject to retribution….”

– From “Let’s punish lawyers who put innocent people in prison, instead of those who free them” by Kristin Collins at NC Coalition for Alternatives to the Death Penalty (Jan. 15)

Three years ago I took DA David at his word when he promised:

“I really see us as sharing the goal of making sure (Sledge’s) conviction rests on credible and substantial evidence. I’m going to go where the truth leads in this matter.”

I was naïve. As it turned out, David’s true passion wasn’t for exonerating an innocent man but for punishing his lawyer.

April 13, 2012

“A decade-long investigation by the FBI has found no evidence linking child abuse with organized satanic cults.

“In a recent report by the agency, Special Agent Kenneth Lanning warns about the influence of ‘overzealous intervenors,’ such as therapists and parents, ‘who may be affected by their zeal to uncover child sexual abuse, satanic activity, conspiracies.’ Their influence can contaminate a case so much that no one will ever determine what, if anything, really happened….”

– From the San Diego Union-Tribune (December 27, 1992)