Jan. 2, 2013

What a bittersweet moment, reading Gov. Bev Perdue’s statement announcing her pardon of innocence for the Wilmington 10.

Surely, for the six surviving defendants, the pardon represents far too little justice, far too long delayed. But so many of Perdue’s words apply poignantly to a more recent “dark chapter in North Carolina’s history” – the prosecution of the Edenton Seven:

“I have decided to grant these pardons because the more facts I have learned… the more appalled I have become about the manner in which their convictions were obtained….

“This conduct (of prosecutor Jay Stroud) is disgraceful. It is utterly incompatible with basic notions of fairness and with every ideal that North Carolina holds dear. The legitimacy of our criminal justice system hinges on it operating in a fair and equitable manner…. That did not happen here. Instead, these convictions… represent an ugly stain on North Carolina’s criminal justice system….

“Justice demands that this stain finally be removed. The process in which this case was tried was fundamentally flawed….”

As noted previously, state government has continued to withhold exoneration from the Little Rascals defendants. In addition to these reasons that the Edenton Seven haven’t matched the Wilmington 10 in capturing the public eye, there is this notable difference in the two cases:

No one involved in prosecuting the Wilmington 10 remains in office, and the current Pender County district attorney has accepted Perdue’s decision without complaint. But two decades after prosecuting the Edenton Seven, Bill Hart and Nancy Lamb remain on the job, no doubt ready to beat down any hint of exoneration.

May 30, 2015

Ofra Bikel’s eight hours of “Innocence Lost” were surely powerful, but the narrowness of PBS’s audience limited their impact. What if the Little Rascals Day Care case had also inspired a major theatrical release? What if several million moviegoers had watched the dramatic nobody-dunnit even as the real-life Edenton Seven were languishing in jail or standing  trial?

For a brief moment, that seemed possible.

Kurt Luedtke, screenwriter for the ’80s hits “Out of Africa” and “Absence of Malice,” was outraged after seeing the initial “Innocence Lost” in 1991. “You can’t hold people that long without presenting the evidence,” he told the Charlotte Observer.
Now retired and living in Michigan, Luedtke recalls his “indignation mounting and (thinking) I had to do something about the preposterousness of what was going on….”

Alas, his idea apparently made it no further than a preliminary meeting in New York with Bikel and “Frontline” founder David Fanning: “I can’t remember why we didn’t go forward; maybe I had another job.”

Jan. 18, 2013

““I am the grandmother of a Little Rascals Day Care victim, and I am greatly disturbed by many responses to ‘Innocence Lost: The Verdict.’

“Wake up out there! Do you think everything you see on television is true? The bizarre stories told by some of the children are unbelievable to the unknowing adult – being cooked in microwave ovens, going on spaceships – but by some Kelly magic, the children were brainwashed to believe them. I repeat! Wake up America.”

 – From a letter to the editor of the Chowan Herald by Frances P. Wilkins of Edenton (Aug. 26, 1993)

Feb. 25, 2013

“The 99 guilty verdicts against (Bob) Kelly appear to have set a benchmark for such cases: that youthful witnesses can have enough credibility to win convictions on their word alone.

“‘This validated child witness testimony,’ said Carolyn McAllaster, who teaches a child advocacy clinic at Duke University’s law school and trial practice at the University of North Carolina School of Law.

“‘I think the reason a lot of prosecutors hesitate to take these cases is they fear these children won’t be believed by juries,’ she said. ‘They should give a child’s testimony the same weight they would give an adult’s testimony. I think that children are very believable and that their testimony can be judged on its own merits.’ ”

– From “Rascals verdict affirms children’s credibility” in the Raleigh News & Observer (April 26, 1992)

McAllaster has gone on to become director of the AIDS Legal Project and a clinical professor of law at Duke.

Has she changed her mind about the credibility of child witnesses?

I asked her.

She hasn’t responded.