Aug. 6, 2012

Let’s say you were a special deputy attorney general called in from Raleigh to help prosecute the Little Rascals case. Now imagine: What would be the most inappropriate, the most ethically questionable way you could possibly spend your spare time in Edenton? How about starting to date the mother of one of the alleged victims?

Yes, that’s exactly what Bill Hart chose to do. He and Patricia A. Kephart had been involved for months even before Bob Kelly’s trial began.

Readers of this blog won’t be surprised to learn that Hart denied any impropriety and blamed the defense for trying “to divert attention from the case.”

But Rich Rosen, professor of criminal procedure at the UNC Chapel Hill School of Law, told the News & Observer of Raleigh (Dec. 20, 1991) that “It certainly raises questions in my mind. A prosecutor is not supposed to have any personal involvement or interest in the case.”

One question raised in my own mind: Unlikely, yes, but what if Hart had experienced a pang of doubt about the validity of the prosecution’s case? Would he have been able to admit that to his girlfriend (much less to his fellow prosecutors)?

At the conclusion of the state’s case, prosecutors dropped charges related to Kephart’s daughter. Hart and Kephart later married.

Feb. 22, 2012

“(Even as) prosecutors quietly dropped all charges against the remaining three defendants, (Nancy Lamb) had the temerity to hint that there was sufficient evidence to convict if the state were disposed to go to trial.

“This kind of talk betrays the same imperious mentality that has left (Robin Byrum, Shelley
Stone and Darlene Harris) turning in the wind for eight years.

“A person charged with a crime is entitled under our Constitution to a timely resolution… a chance either to pay his debt to society or get on with his life. There is no excuse for punishment in limbo.”

– Editorial in the Greensboro News & Record, Dec. 21, 1996

July 13, 2015

Throughout the long unfolding of the Little Rascals Day Care prosecution, outsiders often sought to determine the “mood of Edenton.” This was a challenging task even in the early days of the case, and it became just about impossible after the first “Innocence Lost” episode cast the town in a starkly unflattering light.

The default response to anyone with a notepad: Go away.

In 1996, however, a defense attorney weighing Edenton as a site for Bob Kelly’s possible retrial had better luck. His case notes include this candid and chilling evaluation from a longtime Edentonian:

“(The resident) didn’t believe that any of the defendants, but especially Bob, had a chance of getting a fair trial in Edenton. Although the constant talk of Little Rascals has died down, he said people still wouldn’t dare mention the idea of innocence. He believes that probably half of (Chowan County) either doesn’t believe Bob did it or at least not to the extent alleged. He believes the largest group of ‘nonbelievers’ to be those of lesser means, and especially minorities.

“He said that anyone of means or in any type of business in town would be committing financial and social suicide if they voiced any belief in Bob’s innocence.

“He said that even if he knew Bob to be innocent, or less guilty than charged, he would have a hard time voting so as a juror in light of the lifelong social repercussions. If there was even one or two jurors who believed Bob was guilty, they would be able to pressure everyone else into voting with them….”

Feb. 11, 2016

“Significant criminal justice reforms (are needed) to minimize the chances of wrongful prosecution in the future.

“Some might dismiss such goals as a liberal utopian ideal, but criminal justice reform is being embraced nationwide by tea party conservatives. Why? Because few things exemplify the overreach of an all-too-powerful government (better) than one that yanks away an individual’s freedom without legal justification….

“Conservatives in the heavily Republican Texas legislature have embraced some of the most far-reaching criminal justice reforms in the country….”

– From “Shame and joy behind 149 exonerations” in the St. Louis Post-Dispatch (Feb. 7 editorial)

And how is North Carolina’s own heavily Republican legislature taking up the cause of criminal justice reform? With the piously labeled Restoring Proper Justice Act, (text cache), which both conceals information on the drugs used for capital punishment and repeals a law requiring a physician be present.  Sponsoring Rep. Leo Daughtry railed against “roadblocks in front of the death penalty (that) have stopped us from using the punishment” for the past decade.

Had Daughtry had his way, death row inmates Henry McCollum and Leon Brown would long since have been executed – instead of exonerated and then pardoned by the same governor who blithely signed the Restoring Proper Justice Act into law.