Dec. 28, 2015

“One problem with pardons is that Presidents have considered them in secret, springing the decisions on the public only after they have been made. In high-profile cases, like Gerald Ford’s pardon of Richard Nixon or Bill Clinton’s pardon of the fugitive financier Marc Rich, the political repercussions have been disastrous.

“But Obama could avoid this problem with some innovation – and sunshine. Over the last year of his Presidency, his Administration should publish the names of people being considered for pardons. In this way, members of the public can make their views known about the wisdom (or lack thereof) of letting each individual out of prison.

“All Presidents and governors (who also have pardon power) are haunted by the possibility that they might release someone who goes on to commit horrible crimes. (Former Governor Mike Huckabee of Arkansas pardoned several people who did just that.)”

– From “It’s Time for Obama to Go Big on Pardons” by Jeffrey Toobin in the New Yorker (Dec. 22)

Yes, the risk attached to granting pardons is real. But is it even possible for someone convicted of an imaginary crime – such as the Edenton Seven and Junior Chandler – to be a recidivist?

April 13, 2015

D. Marsh McLelland, judge in the trials of Little Rascals defendants Bob Kelly and Dawn Wilson, died last month in Burlington. He was 94.

This laudatory obituary in the Greensboro News & Record barely mentions the most consequential case in McLelland’s career – “He was brought out of retirement by the state’s chief justice to hear the Little Rascals Day Care child sex abuse case….” – and this one in the Burlington Times-News mentions it not at all.

Had McLelland stayed retired, the prosecution of the Edenton Seven might well have been derailed early on.

The judge originally assigned to the case, L. Bradford Tillery, stepped down under pressure from Deputy Attorney General Bill Hart. Mark Montgomery, Bob Kelly’s appellate attorney, explains why:

“Hart did not like the way Tillery was handling the case.  The final straw was when Tillery ordered Hart to turn over the State’s interviews of those kids who were not the subject of indictments.  He did not order them given to the defense, as he should have done, but Tillery was going to look through them himself.  If he had, he would have seen that most of the kids at the day care, including Hart’s adoptive daughter, had said nothing happened and the jury would have heard about that.

“To prevent that, Hart filed motions accusing Tillery of being biased against the State. Rather than punishing Hart, Tillery took himself out of the case to avoid any appearance of partiality.  Enter McLelland.

“Because Tillery had already ordered the interviews turned over to the court, that was a done deal.  But McLelland never looked at them.  I stumbled across them in the exhibit room of the courthouse and informed the Court of Appeals in my brief.  The failure of the State to turn over to the defense the interviews of kids who said nothing happened was one of the grounds for a new trial for Bob.”

Tillery clearly was stung by Hart’s ploy: “I have served as a judge of Superior Court for over 20 years, and I never found it necessary to take such a step…. Neither have I ever been made to feel before that one side or the other considered me to be not only an adversary but also fair game …. for reckless assertions.”

If only Tillery had responded not by resigning but by sanctioning Hart for withholding evidence.

Nov. 4, 2011

“A mere suspicion of witchcraft justifies the immediate arrest and torture of the suspected person….

“A prisoner may be promised immunity or reduced punishment if he accuses his accomplices.”

– From “On the Demon-Mania of Witches” by Jean Bodin, French judge (1580)

Nov. 22, 2013

“Gov. Pat McCrory has appointed the Albemarle’s chief public defender – and a member of the governor’s political party – to complete the term of the late Frank Parrish as district attorney in the 1st Prosecutorial District.

“Interim District Attorney Nancy Lamb said she was informed Monday that McCrory had chosen Andrew Womble to complete Parrish’s term…

“Lamb, who had sought the permanent appointment, said she knew she faced an uphill climb.

“ ‘I accept this decision for what it is, the partisan prerogative of a Republican governor,’ Lamb said. ‘I knew that as a registered Democrat that an appointment by this governor would be a long shot.’

“Lamb said she plans to complete a 30-year career as a prosecutor in the 1st Prosecutorial District on Feb. 28.

“ ‘I am proud of the job I have done representing the citizens of this district, especially victims of crime,’ she said.”

– From “McCrory appoints Womble DA” in the Elizabeth City Daily Advance (Nov. 18) 

Thus are dashed my hopes that Lamb would be facing the voters next year and perhaps having to answer for her prosecution of the Edenton Seven.

Instead, she will be clearing off her desk and then presumably joining her husband, the wonderfully named Zee B. Lamb, who has just taken a new job in Nash County.