Aug. 15, 2012

The North Carolina Supreme Court won’t release its next batch of opinions until August 24, but its recent decision on a 2009 child sex abuse case could augur well for Junior Chandler.

On June 14 the court upheld the North Carolina Court of Appeals’ overturning of Patrick Loren Towe’s conviction in Surry County. Here’s the crucial part of the opinion:

“Under the North Carolina Rules of Evidence, a qualified expert may testify as to her opinion in her field of expertise if the testimony will assist the jury in understanding the evidence. An expert may not, however, testify as to the witness’s credibility or state that she believes the defendant is guilty.

“In sexual abuse cases involving child victims, an expert may not testify that sexual abuse has occurred without physical evidence supporting her opinion. An expert may not testify that the child has been ‘sexually abused’ if the testimony is based solely on the interview with the child-victim.”

In Patrick Towe’s case, only one expert witness so testified – in Junior Chandler’s it was six.

Without such a parade of “expert vouching,” Junior surely would have spent the past 25 years back home in Madison County instead of behind bars. How can the North Carolina Supreme Court now fail to acknowledge this?

July 13, 2012

“It is painful to admit this, but when the McMartin story first hit the news, the two of us, independently, were inclined to believe that the preschool teachers were guilty. Not knowing the details of the allegations, we mindlessly accepted the ‘where there’s smoke, there’s fire’ cliché; as scientists, we should have known better.

“When, months after the trial ended, the full story came out – about the emotionally disturbed mother who made the first accusation and whose charges became crazier and crazier until even the prosecution stopped paying attention to her; about how the children had been coerced over many months to ‘tell’ by zealous social workers on a moral crusade; about how the children’s stories became increasingly outlandish – we felt foolish and embarrassed that we had sacrificed our scientific skepticism on the altar of outrage.

“But our dissonance is nothing compared with that of the people who were personally involved in or who took a public stand, including the many psychotherapists, psychiatrists and social workers who consider themselves skilled clinicians and advocates for children’s rights.

– From “Mistakes Were Made (But Not by Me)” by Carol Tavris and Elliot Aronson (2007)

Of course, not everyone who “mindlessly accepted the ‘where there’s smoke, there’s fire’ cliché’ ” has recovered his misplaced scientific skepticism.

Feb. 20, 2013

“Don’t focus on the question, focus on the answer.”

– District Attorney H. P. Williams, urging jurors to ignore the leading questions that therapists asked child-witnesses to elicit accusations against Bob Kelly

“Pay no attention to that man behind the curtain.”

– The Wizard of Oz

Nov. 8, 2013

While we await Gov. McCrory’s decision on whether to promote Nancy Lamb to district attorney, another key figure in the Little Rascals prosecution is stepping aside.

From the Elizabeth City Daily Advance:

EDENTON – Judge Chris Bean, chief district court judge in the 1st Judicial District, does not plan to seek re-election to another term.

Bean, who has been a judge for more than two decades, said recently he plans to step down when his current term ends in December 2014.

“I have been doing this for 20-some years,” Bean said. “It has been a fascinating career.”

Unmentioned by Judge Bean (or by the Advance, which seems to have purged Little Rascals from its memory)  is his deeply prejudicial testimony against former client Bob Kelly.

Bean and Lamb have continued to share an immunity to just consequences. (Compare the enormity of the Little Rascals prosecution with the penny-ante misconduct that typically brings about disbarment in North Carolina.)

Only their innocent victims – the Edenton Seven, the child witnesses – paid a price, and it was a high one indeed.