Feb. 20, 2015

“Exonerations, which were once exceedingly rare, have become regular features of the American justice system. The National Registry of Exonerations records 1,535 exonerations nationwide (including Bob Kelly and Dawn Wilson) since records began in 1989….

“The 125 wrongful convictions thrown out in 2014… might seem paltry compared to the estimated 1 million felony convictions per year, but the number of wrongful convictions is likely far higher. Many jurisdictions don’t devote the same level of resources towards exonerations that North Carolina does (with its Innocence Inquiry Commission), and even then the process can be achingly slow.

“For a justice system that exalts due process and the presumption of innocence, any wrongful conviction represents a serious breakdown of justice. Even a handful of high-profile wrongful convictions can ripple throughout the public consciousness, undermining confidence in the system. ‘The country is having to psychically cope with conclusive evidence that we make, with some regularity, errors in criminal trial outcomes,’  said (Mary Kelly Tate, director of the University of Richmond law school’s Institute for Actual Innocence).”

– From “Guilty, Then Proven Innocent” by Matt Ford at The Atlantic (Feb. 9)

May 3, 2013

“In the quaint village of Edenton, where residents have suffered either a sadistic witch hunt of historical proportions or a rampage by a despicable gang of ritualistic child molesters, the public has been slapped in the face by a deal between prosecutors and Elizabeth Kelly.

“Kelly is one of seven people charged with sexually molesting children at the Little Rascals Day Care center. Her husband Bob is pulling 12 life sentences for his part, and lowly cook Dawn Wilson is pulling one life sentence. But Elizabeth Kelly will serve only a few more months because her lawyer got her a good deal.

“A deal? Either she is guilty of inflicting unspeakable horrors on babies or she is as innocent as a lamb. There are no degrees here, either they did it or they didn’t. If they did it, they all deserve to spend the rest of their miserable lives in prison. But if they didn’t do it – and the prosecution now seems unable to prove it and reluctant to try – then they all deserve to be free to exact legal revenge on a community that has put them through hell.

“There is no justice, no fairness and no answers in a deal that sets her free and leaves the others to rot in jail. If Elizabeth Kelly is set free by politicians, why should Bob Kelly and Dawn Wilson be sent to jail by juries? If Mrs. Kelly gets a deal, then all of them deserve the same deal.”

– From “When justice becomes the slave of convenience, faith fades” by News & Observer columnist Dennis Rogers (Jan. 30, 1994)

March 31, 2015

“…The watershed event marking the shift in public opinion on these (“satanic ritual abuse” day care) cases was the HBO airing of ‘Indictment: The McMartin Trial’ (watchable here on YouTube) in May 1995, wherein Ray Buckey, the child-molesting villain of the McMartin trial, was recast as the victim of a hysterical conspiracy theory.

“Five years earlier, no major television network would have dared question the infallibility of the testimony of ravished, innocent babes. A network like HBO is closely attuned to shifts in the public mood.

“Such TV dramas and feature films are generally more likely to respond to existing trends in public opinion on controversial issues than to break new ground, and so this docudrama marked a sort of closure on the issue in the public imagination, though the judicial system cannot shift direction so quickly.”

– From “The Metanarrative of Suspicion in Late Twentieth-Century America” by Sandra Baringer (2004)

Eighteen days before HBO broadcast “Indictment,” the North Carolina Court of Appeals had overturned the convictions of Bob Kelly and Dawn Wilson, but Kelly’s torture at the hands of the state was far from over: A year later he would be charged with raping a young girl outside the day care in 1987. Was prosecutor Nancy Lamb unable to “shift direction so quickly” – or simply unwilling?

July 13, 2012

“It is painful to admit this, but when the McMartin story first hit the news, the two of us, independently, were inclined to believe that the preschool teachers were guilty. Not knowing the details of the allegations, we mindlessly accepted the ‘where there’s smoke, there’s fire’ cliché; as scientists, we should have known better.

“When, months after the trial ended, the full story came out – about the emotionally disturbed mother who made the first accusation and whose charges became crazier and crazier until even the prosecution stopped paying attention to her; about how the children had been coerced over many months to ‘tell’ by zealous social workers on a moral crusade; about how the children’s stories became increasingly outlandish – we felt foolish and embarrassed that we had sacrificed our scientific skepticism on the altar of outrage.

“But our dissonance is nothing compared with that of the people who were personally involved in or who took a public stand, including the many psychotherapists, psychiatrists and social workers who consider themselves skilled clinicians and advocates for children’s rights.

– From “Mistakes Were Made (But Not by Me)” by Carol Tavris and Elliot Aronson (2007)

Of course, not everyone who “mindlessly accepted the ‘where there’s smoke, there’s fire’ cliché’ ” has recovered his misplaced scientific skepticism.