April 26, 2014

“Given the near certainty of Junior’s innocence (his first jury could not reach a verdict), given the fact that he has already served 26 years in prison with only a single infraction (committed in his third week in prison), given the fact that many others similarly situated have been freed by the courts, Junior is a worthy candidate for a commutation of sentence.”

– Letter from Mark Montgomery, Andrew Junior Chandler’s appellate attorney, to Gov. Bev Perdue (Dec. 7, 2012)

“This letter is to inform you that your request for a commutation of sentence on behalf of Mr. Chandler has been reviewed and denied.

“If he would like to reapply, he may do so three years from the date of this letter.”

– Letter to Montgomery from Pat Hansen, Governor’s Clemency Office (March 25, 2014

So ends the latest of Andrew Junior Chandler’s repeated attempts to find a path out of Avery-Mitchell Correctional Institution, where he has spent the past 27 years for a crime neither he nor anyone else committed. He may in fact be the last still-imprisoned victim of the “satanic ritual abuse” day care panic.

“I don’t know what they have against me,” Junior told me by phone this week.  I don’t know either – I don’t even know who “they” are. But I can’t imagine that those prosecutors who so persuasively argued that “Junior would drive off his route to a park by a river, strip the children of their clothes, troop them down to the river, put them in a rowboat, commit various sexual acts, put them back on the bus and take them home” are eager to see the case dusted off and reexamined.

Dec. 5, 2011

In this (Nov. 29) New York Times analysis of science’s ever-growing skepticism about eyewitness testimony I noticed a familiar name:

“One of the earliest and more famous experiments to demonstrate that memories are malleable was conducted by Elizabeth Loftus, a psychology professor at the University of California, Irvine, and an early pioneer of witness memory research.

“In a 1974 study published in The Journal of Verbal Learning and Verbal Behavior, (Loftus) asked participants to view films of fender-benders in which no car windows or headlights were broken. Later, the subjects who were asked how fast the cars were going when they ‘smashed’ into each other – as opposed to ‘hit’ – were more likely to report speeding and describe shattered glass they never actually saw.”

While researching a book on the Wenatchee, Washington, ritual sex abuse case (1994-95), Kathryn Lyon asked Loftus about the consequences when professionals contribute to and reinforce false memories in children.

“If you believe real child abuse has long-term deleterious consequences,” Loftus responded, “then what happens when you create a false memory of child abuse? Are you creating a victim who is also likely to have long-term troubles?

“Having a real and a pseudo memory are in many ways the same. If you create the memory, are you not creating child abuse?”

Lyon, a lawyer, spent a year in Wenatchee to write the thorough and chilling “Witch Hunt: A True Story of Social Hysteria and Abused Justice” (1998).

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.

Nov. 28, 2011

“The Little Rascals case offers a trove of testimony illustrating how immersion into the popular psychology of sexual abuse gave parent-experts the terms and concepts to retrospectively interpret their children’s behaviors and emotions, and to do so with the ring of authority….

“One mother testified that once she had learned the psychology of sexual abuse, she realized her child’s denial that anything untoward had happened at the day care center actually was a sign that he had been sexually abused.”

– From “The Day Care Ritual Abuse Moral Panic” by Mary De Young (2004)