Jan. 4, 2012

“A few years back, I met a fellow investigative journalist in North Carolina….The subject came around to the Little Rascals case. He assured me the day care workers were guilty….

“I told him about how the McMartin case in California had been the first nationally publicized case to use interviews that practically bullied children into reporting mythical, often totally implausible abuse. Little Rascals was a textbook case of the same kind of tactics, and Ofra Bikel’s three fine documentaries left no doubt about this terrible miscarriage of justice.

“Yet my friend refused to listen to any other evidence or point of view. It transpired that his wife had recovered ‘memories’ of sexual abuse – another subject on which he would hear no other evidence….

“I tell you this just to let you know I am familiar with cases in which otherwise objective journalists develop seemingly incurable blind spots.”

–  From a 1997 letter to Columbia Journalism Review by Mark Pendergrast, author of “Victims of Memory,” challenging criticism of the False Memory Syndrome Foundation

July 4, 2012

“The state has done me wrong and imprisoned me for over six years,” Bob Kelly said in 1995 after his conviction was overturned and prosecutors were deciding whether to try him again.

“They want me to take a plea so they can save face. It will never happen.”

Oh, how the prosecution dreamed of at least one of the Edenton Seven rolling over, pointing a finger at a fellow defendant.

Never happened, despite their being held under vague charges for endless months – and later offered every inducement short of a trip to Disney World.

Even when Betsy Kelly and Scott Privott took pleas to reduce their prison time, they continued to insist on their innocence.

There’s painfully little to admire in the story of the Little Rascals case, but the defendants’ strength under pressure was extraordinary.

May 31, 2016

“A consensus is building around the need to seriously rethink the role of the prosecutor in the administration of justice. Power dynamics are unbalanced, sentencing guidelines are outdated, and old-fashioned human biases persist. And prosecutors – singularly independent agents in a justice system roiling in turmoil – have been facing growing criticism and public distrust for some time, and that disapproval is about to hit a tipping point.

“It’s time to curtail the power long held by these officers of the court as they promote justice, ensure fairness, and enhance public safety.”

– From “Are Prosecutors the Key to Justice Reform?” by Juleyka Lantigua-Williams in the Atlantic (May 18)

Is the North Carolina Bar ready to take the first step toward holding prosecutors accountable?

Nov. 4, 2013

“It’s not a great time for psychology. Diederik A. Stapel, a Dutch social psychologist, has recently confessed to serial fraud. That he gamed the peer review process of his field’s best journals so often and for so long calls into question the quality-control mechanisms of academic psychology. If garbage can pass peer review, as long as it is well-written and well-formatted garbage, then the authority conferred by appearing in peer-reviewed publications would seem to be slight….

“Most work in the psychological and social sciences suffers from a lack of conceptual rigor. It’s a bit sloppy around the edges, and in the middle, too…. It’s as if the precision of the statistical analysis is supposed somehow to compensate for, or help us forget, the imprecision of thought at the foundation of the enterprise.”

– From “Barbara Fredrickson’s Bestselling ‘Positivity’ Is Trashed by a New Study” by Will Wilkinson at the Daily Beast (Aug. 16, 2013)

The contemporary cases Wilkinson cites and the episodes of the day-care ritual-abuse era bear many dissimilarities. But they share all too closely the practitioners’ use of “the precision of the statistical analysis… to compensate for, or help us forget, the imprecision of thought at the foundation of the enterprise.”