Sept. 10, 2012

“You saw those initial documentaries, you make a choice: Am I going to watch the thing and go ‘Wow, that’s really horrible,’ and go out and get a milkshake?”

– Johnny Depp, tracing the roots of his advocacy for the West Memphis Three

That could be me talking – except that the eye-opening documentaries for me were “Innocence Lost” rather than “Paradise Lost,” that I’m a retired newspaperman rather than a Hollywood actor and – most crucial – that I went out for a figurative two-decade milkshake run rather than responding immediately to the outrage I was seeing on screen. Hats off to WM3 advocates such as Depp, who moved quickly to challenge prosecutors every bit as recalcitrant as those in North Carolina.

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

Oct. 12, 2012

The exoneration of Willie Grimes warms my heart, and not just because the 66-year-old parolee has become “Free at last!” after a 1987 rape conviction in Hickory.

As often lamented on this site, prosecutors such as those in the Little Rascals case simply refuse to acknowledge, much less take responsibility for their mistakes.

In the Grimes case, however, District Attorney Jay Gaither told the Innocence Inquiry Commission panel, “The State cannot argue any conclusion other than for innocence in the case of Willie Grimes,” then rested the state’s case and sat down.

Afterward, he explained that “In this week’s presentation of evidence we counted no less than 35 pieces of evidence and testimony in support of innocence…. The fact that the three-judge panel was so emphatic in its conclusion and decision only strengthens the confidence I have in our decision.”

But Gaither went even further, on camera and rebroadcast by WSOC-TV: “On behalf of the district attorneys of North Carolina, I want to offer an apology to Willie Grimes.”

Yes – an apology!

Although the Grimes conviction occurred long before Gaither took office in 2002, DAs often feel compelled to defend even their predecessors’ performance. As former New York prosecutor Bennett Gershman has observed, “The prosecutor can’t do anything that undermines the public’s confidence in the prosecutor’s office. Once the public begins to doubt that prosecutors convict guilty people – that there may be mistakes in the system – that undermines confidence in the prosecutor….”

Gaither took the opposite approach. “You don’t just brush off 24 years of a man’s life and go on,” he told me Wednesday. “A series of events denied Mr. Grimes a fair trial. Closure was required.

“I wanted the public, as well as Mr. Grimes, to know that we weren’t just beat down, but that we were actually sorry.” (Click Gaither’s picture above to watch the broadcast that includes video of the courtroom apology.)

Also notable is how Gaither framed his apology: “I was speaking not so much for district attorneys as individuals, as for the State of North Carolina…. Only 44 of us have that right to say ‘The state says….’ ”

In this case, that right was admirably used. Would that it happened more often.

April 29, 2013

If you watched “The Plea,” the concluding 1997 installment of “Innocence Lost,” you might not expect that Nancy Smith Barrow, Betsy’s sister, would choose to remain in the midst of those townspeople who caused her family such brutal and unjustified pain.

But stay she has, raising a family and participating in community affairs. I talked to her recently about her life then and now.

Why she has continued to live in Edenton:

“I never considered leaving. My parents were here. This is my home. For a long time, I imagined my dad, mom, sister and I would be back here together, after it all unraveled, after people looked behind the curtain and saw the Wizard….”

What Edenton was like for her during the Little Rascals panic:

“I’d walk into a public place and scan the room to see if I would be comfortable there. I never felt any physical threat – that’s not the kind of people they are here…. But I didn’t want my children exposed to such obvious and outward hatred….”

What Edenton is like for her today:

“Once Bob’s verdict was overturned, that was the end of it. Now I go where I want and do what I want….

“Things went very badly for the indicting parents. But they still believe – because they have to believe….

“Some of them I will talk to in the grocery store or at school, but we are not welcome in each others’ homes….

“Our children went to school together, and they finished growing up together (without conflict). It was like when the adults went away, when the adults got tired of playing, the children were left to clean up the game….”

How she looks back at the case:

“My sister (who now lives in Raleigh) has a life we could never have imagined, a wonderfully normal life. Everyone I loved at Little Rascals is free. My children (now 32 and 28) are fine and healthy…. The Little Rascals case was a phenomenon of epic proportions, and we weathered it….”