Aug. 31, 2012

“Children don’t just come running out of their houses screaming, ‘I’ve been molested!’”

– Assistant attorney general Bill Hart, justifying to the Associated Press (Dec. 31, 1989) why the prosecution’s serial allegations were taking so many months to come to light.

In a case typified by overstatement, Hart’s excuse for delay proved to be a most revealing understatement. Those children resisted mightily and at length before being manipulated into “screaming, ‘I’ve been molested!’”

Feb. 20, 2015

“Exonerations, which were once exceedingly rare, have become regular features of the American justice system. The National Registry of Exonerations records 1,535 exonerations nationwide (including Bob Kelly and Dawn Wilson) since records began in 1989….

“The 125 wrongful convictions thrown out in 2014… might seem paltry compared to the estimated 1 million felony convictions per year, but the number of wrongful convictions is likely far higher. Many jurisdictions don’t devote the same level of resources towards exonerations that North Carolina does (with its Innocence Inquiry Commission), and even then the process can be achingly slow.

“For a justice system that exalts due process and the presumption of innocence, any wrongful conviction represents a serious breakdown of justice. Even a handful of high-profile wrongful convictions can ripple throughout the public consciousness, undermining confidence in the system. ‘The country is having to psychically cope with conclusive evidence that we make, with some regularity, errors in criminal trial outcomes,’  said (Mary Kelly Tate, director of the University of Richmond law school’s Institute for Actual Innocence).”

– From “Guilty, Then Proven Innocent” by Matt Ford at The Atlantic (Feb. 9)

Feb. 18, 2013

Gov. Jim Hunt was serving his fourth term (1997-2001) when prosecutors dropped the last Little Rascals charges. Although Gary Pearce, Hunt’s longtime adviser and later biographer, doesn’t remember the governor being involved in the case, Pearce experienced his own Edenton moment:

“I actually got called by one of the parents who had heard of me. I met with them and worked with them on a program that UNC-TV did (in 1993 to give parents a chance to respond to “Innocence Lost: The Verdict”). I did it just out of curiosity. It was one of the damnedest things I ever did.

“What the parents were claiming happened was, in the truest sense of the word, incredible. But they seemed absolutely and genuinely and sincerely convinced that it had happened….

“The best word to describe the whole thing is ‘gothic.’”

Defense attorneys were excluded from the program, UNC-TV director Tom Howe explained, because “We’re not really interested in getting into a tit-for-tat about guilt or innocence.”

Nov. 16, 2013

An update from Mark Montgomery, Junior Chandler’s appellate attorney: “[The N.C. Center on Actual Innocence] reviewed Junior’s case but could not find anything that would help him.  The ‘kids’ were too young at the time to have anything helpful to say now.  Of the two retarded adults who rode Junior’s bus (and testified against him), one is dead and the other incompetent.”

On a somewhat more encouraging note, Mark reports that the governor’s office has notified him that Junior’s clemency application is being considered.
Want to put in a word on Junior’s behalf? Here’s where to write:

Executive Clemency Office
4294 Mail Service Center
Raleigh NC 27699-4294