March 25, 2013

“I really see us as sharing the goal of making sure this conviction rests on credible and substantial evidence. I’m going to go where the truth leads in this matter.”

– Jon David, district attorney in Brunswick, Columbus and Bladen counties,
responding to a request from the North Carolina Center on Actual Innocence
to review DNA evidence in the case of Joseph Sledge

Mandy Locke’s account in the News & Observer will inspire confidence in neither the competence nor the good faith of North Carolina justice. Sledge, imprisoned 34 years for a double murder, has encountered unspeakable frustrations in his pursuit of exoneration.

Like Willie Grimes, however, Sledge is at last benefiting from a district attorney unimpaired with willful blindness toward his office’s past failures.

If the Edenton Seven are ever able to achieve true exoneration from the state, it likely won’t be with the acquiescence of the prosecutors, much less their assistance.

Aug. 19, 2016

The jury is empaneled in Farmville, N.C., where Bob Kelly’s trial has been moved because of pretrial publicity in Edenton.

Dennis T. Ray would turn out to be a major mischief-maker both inside and outside the jury room. Ray read aloud from a contraband Redbook article on how to identify child molesters,  disobeyed the court’s instruction not to visit the alleged crime scenes, reported that a jailhouse snitch had shared personal knowledge of Kelly’s guilt and displayed a supposed “magic key” referred to by several child witnesses.

Unfortunately, Judge Marsh McLelland told defense attorneys he didn’t consider Ray’s rogue behavior – or that of a second juror, who dramatically revealed during deliberations that he himself had been abused as a child – to be a “tremendous problem.”

At least three jurors would later express deep doubts about the guilty verdict.

Roswell Streeter, at 28 the youngest juror, would write:

“I’ll say this to the last day of my life, that the evidence that came through the courtroom did not prove that Bob Kelly committed any kind of sex abuse.” He told “Frontline” he had felt intimidated and confused.

Mary Nichols was suffering from advanced leukemia,  and Marvin Shackelford had suffered two heart attacks. Both acknowledged afterward that worries about their health had moved them to vote guilty simply to cut short deliberations and go home. It had been nine months since the trial began.

Dec. 19, 2012

“Down with skepticism, up with awareness.”

– Button worn at a conference on “multiple personality disorder” (hat tip, religioustolerance.org)

Six words that say it all, from MPD to satanic ritual abuse to recovered memory therapy.

There’s plenty to be said for “awareness,” of course – just not as a euphemism for “gullibility.”

July 16, 2012

“Elizabeth Kelly was denied parole Friday, three months after pleading no contest to charges of sexually abusing children at her Edenton day care.

“Mrs. Kelly, sentenced to seven years, was eligible for parole upon entering prison because she had already served more than two years while awaiting trial.

“Prosecutor Bill Hart said opposition to Mrs. Kelly’s release was heightened by her statements of innocence after entering her plea.

“‘From my work dealing with sex offenders there is no way you can treat a sex offender and restore them to the community until that person admits the wrongness of her actions and takes responsibility….’”

– From the Associated Press, April 16, 1994

From the beginning, the prosecution never missed a chance to tighten the thumbscrews on Betsy Kelly: Plead guilty, implicate your husband or suffer grave consequences. Although she eventually took a plea bargain, she never accommodated Bill Hart’s pious insistence that she admit “the wrongness of her actions.”

In October 1989, about six weeks after her arrest, a hearing had been held in Raleigh on whether Kelly should be forced to move from a mental health unit into Dorm C at women’s prison.

Recalls Faye Sultan, a Charlotte forensic psychologist who testified on her behalf: “She had been found guilty of nothing at that point, but she was being housed in the most isolated, restrictive facility in the prison, where Death Row and disciplinary inmates were housed. Seems a bit unfair, no?”

Sultan testified that Kelly’s “psychological condition is rapidly deteriorating, and in fact she is on the edge of becoming psychotic.”

Why would the state insist on moving a pretrial “safekeeping” defendant to such a hostile environment? “The reason was to pressure Betsy,” says Joe Cheshire, her lawyer. “They didn’t know her very well, did they?”