Nov. 14, 2011

Raymond Lawrence, then director of chaplains for Columbia Presbyterian Hospital in New York, attended Bob Kelly’s trial on several occasions and founded the Committee for Support of the Edenton Seven.

This passage is excerpted from a memoir I asked him to write for littlerascalsdaycare.org:

“One Monday morning on arriving at my office I noted a special delivery overnight package in my mail pile. Just as I walked in, my secretary buzzed me to say I had a long distance call asking whether I had opened the package. I told her to get the number and I would call back.

“Instead, the caller said he would call back. I assumed it was the kind of crank call which often comes to chaplains.

“When I finally turned to the special delivery package, I found inside cashier’s checks made out to various defendants in an amount of about $450,000.

“Finally the donor called back, but he didn’t want his name disclosed to the secretary or anyone else. He felt the case was a witch hunt, and he was in solidarity with the accused. He was a businessman who had made a fortune in the emerging computer industry. A year later he gave another $300,000.

“When I flew to Ohio to meet him, he told me he had a terminal illness, and some years later he died. He was a humble, unassuming man. I was in awe of his sensitivity and generosity.”

Oct. 19, 2017

“Though ‘Mindhunter’ at times seems like a fictitious nightmare, the new Netflix series is very much rooted in reality. Holden Ford (Jonathan Groff) is based on real-life FBI agent John E. Douglas, and Dr. Wendy Carr (played by Anna Torv) is based on Dr. Ann Wolbert Burgess, a pioneer in the treatment of trauma and abuse victims….

“The character molded after Burgess helps Ford and his partner legitimize their research with her sociological and science-backed knowledge….”

– From “The Influential Trailblazer Who Inspired Mindhunter’s Dr. Wendy Carr” by Kelsey Garcia at Popsugar (Oct. 16) 

Yes, it’s just a TV character. But the depiction of Ann Wolbert Burgess as a trustworthy source of “science-based knowledge” should appall anyone who recalls her national prominence in igniting the “satanic ritual abuse” day care panic.

Most grievous for the Little Rascals defendants, it was Burgess who led a three-day conference in Kill Devil Hills just months before Bob Kelly’s arrest. The agenda: learning how to spot child molesters operating day-care facilities.

She has never apologized.

Sept. 3, 2012

Since its creation by the General Assembly in 2006, the North Carolina Innocence Inquiry Commission has considered more than 1,100 innocence claims, three of which resulted in exonerations.  This is from a letter I wrote the Innocence Inquiry Commission requesting that it take up the case of the Edenton Seven:

“I am fully aware that my request falls outside the letter of your mandate. It is of such importance, however, that I believe consideration by the Commission would be both just and appropriate.”

And this is from the response I received from Kendra Montgomery-Blinn, executive director:

“By law the Commission is only permitted to consider claims arising from current convictions. We cannot consider cases in which the conviction was vacated, even if the claimants were not fully exonerated.

“I am familiar with the (Little Rascals) case as I studied it both in college and in law school. In fact, I cited the case in the brief for a 2007 Commission hearing….

“I am sorry that the Commission cannot be of further assistance. The only other option I am aware of is a Gubernatorial pardon. The surviving defendants from the Wilmington 10 case have recently applied for pardons.

“Thank you for contacting the Commission and for continuing to bring attention to this important case and the subject of wrongful convictions. I am proud that North Carolina is first in the nation to have a state-run innocence commission.”

Another door to exoneration is closed, however sympathetically. Others remain.

Footnote: The hearing Ms. Montgomery-Blinn mentions grew out of a 2001 case in Pitt County. Henry Reeves had been convicted of taking indecent liberties with his 6-year-old daughter, Marquita. This passage in the Innocence Commission’s investigative statement caught my eye:

“Barbara Hardy (the child’s mother and the defendant’s wife) stated that when Marquita came out of her sessions with Dr. (Betty) Robertson, Marquita would have gum or little presents, and Marquita would state ‘Look what she gave me for getting the questions right.’

“Mrs. Hardy said that she tried to tell Dr. Robertson that Marquita was a people pleaser  and may say things just to be rewarded, but Dr. Robertson said, ‘I believe it happened, and it’s going to court.’

“It is important to note that Dr. Robertson…. provided therapy and evaluations to 23 of the children in (the Little Rascals) case….”

Still rewarding possibly-abused children for “getting the questions right”?  Did Betty Robertson learn nothing from the 23 false positives she reported in Edenton?

Dec. 28, 2016

“The problem of juror pressure on a dissenting juror has long been known by defense attorneys and prosecutors.

“In a National Center for State Courts project on hung juries, researchers surveyed 367 unanimous decisions…. In nearly 40 percent of the cases at least one juror [disagreed] but went along with the majority and made the verdict unanimous….

“Research shows that dissenting jurors often go along not because they are convinced about points of evidence but because they bow to ‘normative pressure’: A lone holdout is under relentless and harsh pressure from other jurors to knuckle under. The pressure from the push for speed, the verbal battering and the threat of ostracism is virtually impossible to resist.

“The problem is made worse [in cases] when it’s impossible for a dissenting juror to say with absolute certainty whether the position of the majority is the right one and when the verdict could do horrible legal damage….”

– From “Why Zimmerman Juror B29 Believed in His Guilt But Still Voted to Acquit” by Earl Ofari Hutchinson on the Huffington Post (July 28, 2013)

Bob Kelly’s jury serves as a sad example of the contaminated chemistry of verdict making.