Jan. 20, 2016

“The Jan. 15 editorial ‘The limits of zeal’ contrasted the penalty given Christine Mumma with the absence of rebuke to prosecutors for the ‘massive failure’ that kept her client wrongfully imprisoned for more than 36 years.

“It is not enough simply to point out this shameful disparity. The public embarrassment resulting from the hearing should move the North Carolina State Bar to empower a separate disciplinary panel to deal only with prosecutorial excesses. Such a panel would not lack for business.”

– From “A Panel for Prosecutors,” my letter to the editor of the News & Observer  (Jan. 19) (text cache)

June 3, 2014

“I want all of you to ask yourselves: If you were to find yourself in the unfortunate circumstance of being the victim of a crime, who would you want representing your interest in the criminal justice system?

“Would you want someone like me, with 30 years experience as a veteran prosecutor, a person who has prosecuted every kind of criminal case there is?

“Or would you want someone like my opponent, whose entire criminal experience comes as in the role of being a criminal defense attorney, defending criminals who commit crimes against the people of the 1st District?”

– Little Rascals prosecutor Nancy Lamb, now a candidate for district attorney, comparing herself – most favorably! – with incumbent Andrew Womble

Lamb won the Democratic nomination for DA in last month’s primary and will face Republican Womble in the general election. Although her campaign website boasts that she has been  “nationally recognized for her work with child abuse,” it somehow neglects to mention her star turn in one of the country’s most publicized “satanic ritual abuse” prosecutions. Fortunately, the five months between now and Nov. 4 should provide ample opportunity for her to address that issue.

June 4, 2015

“Gov. Pat McCrory on Thursday pardoned two half-brothers who were exonerated of murder after spending three decades in prison.

“The governor took nine months to make the decision….”

– From “Governor pardons McCollum, Brown” by Craig Jarvis in the Raleigh News & Observer  (June 4)

Henry McCollum and Leon Brown, both intellectually disabled and now destitute, had been declared innocent last year by a Superior Court judge. But that exoneration, based on DNA evidence from the crime scene, wasn’t good enough for the governor, and even now the statement accompanying his pardon of innocence is lukewarm at best:

“It is difficult for anyone to know for certain what happened the night of Sabrina Buie’s murder…. I know there are differing opinions about this case and who is responsible….”

McCollum and Brown now qualify for $50,000 for each year they were imprisoned, up to a maximum of $750,000 – unless McCrory decides that process demands further investigation as well.

Read more here.

Dec. 16, 2011

Alan Rubenstein, who as district attorney refused to prosecute the Breezy Point case, is now a Bucks County Court judge.

Unlike H.P. Williams Jr., who was D.A. during the Little Rascals case, Rubenstein speaks freely about how he addressed claims of ritual abuse in a local day care.

“There was no more ambitious D.A. than me,” he recalls. “I reveled in the limelight….

“When we first got the allegations, I said to myself, ‘Satanic ritual abuse – I’ll be on the cover of Time magazine! I’ll prosecute it personally. I’ll get these bastards and put them away for life.”

But it didn’t take long for him to reverse course.

“Breezy Point was around the corner from me.  My own son had gone there. I just couldn’t see Doug Wiik in (prison) stripes… The more I thought about it, the more obvious it became that nothing had happened there…

“I put our two best county detectives on the case, and I rode them like the Pony Express.”

The resulting 60-plus-page “Investigation into Breezy Point Day School” is a model of lucid, understated logic that blows to smithereens any notion of wrongdoing:

“We have determined that the allegations are unfounded and without merit…. No credible evidence exists to support them. In stark contrast, the evidence produced during the past 11 months indicates facts in direct, clear conflict with the charges leveled by the parents on behalf of their minor children.”

Here are three excerpts that convey the reach of the investigation:

• “In the opinion of this caseworker, ‘The child clearly exhibited the inability to distinguish what was true and what was not true.’ ”

Such insights seem to have been beyond the skills or preconceptions of caseworkers in Edenton.

• “The parents, when confronted with the clear discrepancy between the child’s description of the room and its actual physical layout, have contended that the owners of Breezy Point remodeled the room, removed the fireplace, put up plasterboard and added additional windows so as to change the character of this area to avoid detection. No evidence of remodeling was uncovered during this investigation.”

Passages such as this would be hilariously deadpan, were the subject not so weighty.

• “Bucks County detectives, acting upon (claims that the children were secretly transported to the Royce Hotel), traced all records from the teacher’s family credit cards, including American Express, MasterCard and Visa, to determine if any of these individuals charged rooms or lodging at the hotel. Ledger and registration books were also examined…. A check of these records proved entirely negative.”

In Bucks County no allegation was too bizarre to investigate. In Edenton no allegation was too bizarre to presume true.