July 29, 2016

“Sometimes prosecutors withhold exculpatory evidence of a defendant’s innocence, and don’t turn it over until they are forced to. Take a look at the exonerations reported in recent years and you will see a pattern of prosecutors continuing to fight against our release even when our innocence is uncovered. Many innocent prisoners have been buried alive in these prisons by this kind of corruption….

“How do the culprits sleep at night? Well, to be honest, these people have no consciences. It’s like any other day at the job for them. Some have built their careers on the backs of us innocent prisoners, and now they sit in high places.

“Until the day comes when culprits responsible for wrongful convictions are held fully accountable – wrongful convictions will never stop.”

– From “When Courts Are Used As A Weapon Against The Innocent” by Lorenzo Johnson at Huffington Post (July 12)

Johnson had served 16 1/2 years of a life-without-parole sentence when in 2012 the Third Circuit Federal Court of Appeals found insufficient evidence for his conviction. He remained free for four months, after which the U.S. Supreme Court unanimously reinstated the conviction and ordered him back to a Pennsylvania prison. He continues to seek a new trial.

March 8, 2013

“Over 15 years ago, a number of children were sexually abused while attending three different day care centers sponsored by military services…

“This is the fourth follow-up interview with parents of 42 (of those) children….

“(In 1984 children at West Point day care) reported that the perpetrators wore masks and black robes. Pencils and fingers penetrated vaginas and rectums. Children were threatened with harm to themselves and their parents if they told that they witnessed the abuse of other children….

“After extensive investigation, the federal prosecutor declined to bring the case to trial due to the young ages of the children and the fragility of their memories….

“One lingering source of distress for the parents was that two of the criminal cases (Presidio and West Point) fell apart. It seemed to them as if reporting the abuse did not matter. This also added to the mystery of conspiracy that surrounded these two cases….”

– From “Children’s Adjustment 15 Years After Daycare Abuse” by Ann Wolbert Burgess and Carol R. Hartman (Journal of Forensic Nursing, Summer 2005)

Although Burgess’s career-making wrongheadedness isn’t news, I was still surprised to find her clinging to the ritual abuse hoax as recently as 2005. Prosecutors’ cases “fell apart”? – must be a “conspiracy”!

But it was Burgess, after all, whose conclusion that children in the West Point case had been ritually abused (with the obligatory “masks and black robes”) compelled the government to settle a civil suit by parents for $2.7 million. To acknowledge her error would require quite an “Oops!” wouldn’t it?

Footnote: I’ve got a previous commitment, but if you’re in Nashua, N.H., today, you can see Burgess honored by the American Psychiatric Nurses Association.

July 5, 2015

“In March, A. M. Stroud III, lead prosecutor at trial, wrote a remorseful article in The Shreveport Times, declaring, ‘Glenn Ford was an innocent man,’ taking responsibility for a rush to judgment and arguing for the abolition of the death penalty.

“ ‘I apologize to Glenn Ford for all the misery I have caused him and his family,’ Mr. Stroud wrote. ‘I apologize to the family of (the murder victim) for giving them the false hope of some closure. I apologize to the members of the jury for not having all of the story that should have been disclosed to them. I apologize to the court in not having been more diligent in my duty to ensure that proper disclosures of any exculpatory evidence had been provided to the defense.’

“He concluded: ‘I end with the hope that providence will have more mercy for me than I showed Glenn Ford. But I am also sobered by the realization that I certainly am not deserving of it.’ ”

– From “Glenn Ford, Spared Death Row, Dies at 65” by Bruce Weber in the New York Times (July 2)

By the time Mr. Ford was exonerated and released in 2014, he had served 29 years in Louisiana’s Angola prison. His freedom was short-lived: In less than 16 months he would be dead from lung cancer.

Prosecutor Stroud deserves credit for his humble and agonized apology, however late. His words could just as truthfully have come from the mouths of H.P. Williams, Bill Hart and Nancy Lamb – but of course they haven’t.

Dec. 30, 2011

“As the May 2 (2006) Democratic primary nears, (Duke lacrosse prosecutor Mike) Nifong has gotten an earful from his two opponents….

“ ‘I feel for him; no matter what he does, he can’t win,’ said Elizabeth City lawyer H.P. Williams, a former district attorney for 16 years who in the early 1990s prosecuted the high-profile sexual abuse case against the owner of the Little Rascals Day Care…

“ ‘I felt as a prosecutor that anything I didn’t say, I didn’t have to take back. So it all goes back to my No. 1 philosophy: “You have the right to remain silent.” ’ ”

–  H.P. Williams, sharing with Mike Nifong his “No. 1 philosophy”
(The Charlotte Observer, April 17, 2006)

Whatever the shortcomings of the Little Rascals prosecutors, excessive openness wasn’t among them. In fact, their entire case depended on withholding any verbatim record of how therapists extracted accusations from the supposed child-victims.

Williams most recently called on his right to remain silent when I asked whether he might have changed his mind about the defendants’ guilt.