June 21, 2016

“One of the earliest arguments for financial compensation for the wrongly incarcerated came in 1932, from the Yale law professor Edwin Borchard. In an influential book called ‘Convicting the Innocent: Sixty-five Actual Errors of Criminal Justice,’ Borchard wrote, ‘When it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity for the loss and damage suffered.’ He noted, ‘European countries have long recognized that such indemnity is a public obligation.’ But it would be many years before the United States began puzzling through what constituted an ‘appropriate indemnity.’ It wasn’t until the first DNA exoneration, in 1989, that most states began to seriously consider compensation.

“There is still no consensus about the value of lost time. Missouri gives exonerees $50 a day for time served, California twice that much. Massachusetts caps total compensation at $500,000. In Maine, the limit is $300,000; in Florida, it’s $2 million. The variation is largely arbitrary. ‘If there’s a logic to it, I haven’t seen it,’ Robert J. Norris, a researcher at SUNY Albany who has studied compensation statutes, told me…. Twenty states have no compensation statutes at all.”

– From “The Price of a Life: What’s the right way to compensate someone for decades of lost freedom?” by Ariel Levy in the New Yorker (April 13, 2015)

North Carolina exonerees are entitled to $50,000 for each year spent in prison, plus job training and college tuition, up to a maximum of $750,000. However, those statutes apply only to persons “granted a pardon of innocence by the Governor upon the grounds that the crime with which the person was charged either was not committed at all or was not committed by that person.”

As excruciatingly demonstrated in the case of Henry McCollum and Leon Brown, not every governor is in a hurry to enable that compensation.

April 29, 2017

Robin Byrum, not long out of high school and pregnant with her first child, went to work at Little Rascals Day Care Center in September 1988. A year later she was in prison under $500,000 bond, charged with 23 counts of child sex abuse. Prosecutors had no credible evidence against her, but they were betting the youngest defendant would implicate Bob Kelly and the others accused.

“I was in the wrong place at the wrong time,” she recalls today in her first interview since charges finally were dropped against her in 1996. “They thought I would tell on the others. That was the only reason I was swept up.”

Now 15 years into her second marriage, she lives in Eastern North Carolina. For her privacy I’m not mentioning her town or married name. “I’ve gone on with my life. It’s turned out well, in spite of all that….”

——-

After months of sporadic questioning she was arrested in January 1990.  “Three men from the SBI came to my mother’s house. It was so frightening. They intimidated me. One of them put his foot up on the table and I could see the gun in his ankle holster. He said, ‘I’d hate to see you taken away from that child.’

“Then we went to the police station in Edenton. [SBI agent] Kevin McGinnis said he would give me one more chance to talk. I could hear my baby crying in the next room. When I told him again I didn’t know anything, he was so angry he kicked the desk across the room.”

Along with Betsy Kelly and Dawn Wilson, she was put in a cell in women’s prison in Raleigh. “I was three hours from my only family in North Carolina. Strip-searched before and after every visit.

“They put another prisoner in there with us, a snitch, thinking she could get us to talk. But we had nothing to tell….. One day they even tossed our cell, looking for ‘satanic’ passages marked in our Bibles.”

As the months passed, prosecutors offered Byrum ever more tempting plea deals. In a particularly poignant moment in “Innocence Lost: The Plea” (1997) she explains to Ofra Bikel why she had even turned down a deal offering no active time, but an admission of guilt: “‘That would mean knowing I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I [said I] did something when I didn’t do it.’”

In 1990, bond was reduced to a still absurd $200,000 and her grandparents and two aunts in Kentucky managed to pay in time to get her home for Christmas.

Today Byrum, 46, works in health information management. “My office manager knew about the case, but the doctors hadn’t put two and two together until they went to your site. One of them shook his head and said, ‘How did seven people go to prison on something completely unfounded?’ Well, I’m still baffled too….

“How could anyone believe all these things happened? We were a block from downtown, in a building with huge windows and no curtains. Parents walked their 2- and 3-year-olds there, and they dropped by all the time….

“Didn’t a light bulb ever once come on that made somebody use their common sense?”

Feb. 16, 2018

“Eighteen years ago this month, Peter Ellis left prison. He ought never to have been there in the first place.

“[In 1993] Ellis was convicted of child abuse at the Christchurch Civic Crèche. It remains one of New Zealand’s most controversial cases, and one [New Zealand’s] proposed Criminal Cases Review Commission would do well to address.

“If all the allegations were to be believed, Ellis was involved in making children dance naked while some were placed in an oven or suspended in a cage. Others were buried alive, and one child was forced to kill another. One unfortunate lad was turned into a frog and a cat. Needless to say the evidence for these events was not strong…”

– From “Peter Ellis martyr to deranged prejudice” by Jarrod Gilbert in the New Zealand Herald (Feb. 8)

The first allegations against Peter Ellis occurred shortly after a nearby Ritual Abuse Workshop. What a coincidence – the first allegations against Bob Kelly occurred shortly after a
nearby day-care sex abuse seminar….

March 29, 2013

“ELIZABETH CITY – Attorneys for the seven defendants in the Edenton child abuse case want to know what techniques were used to elicit accusations from the children…. Prosecutors don’t want to tell them….

“(District Attorney H.P.) Williams would not address a reporter’s questions about how the Edenton investigation was conducted….

“Mr. Williams declined to say how the Edenton investigation grew from complaints by three families to its current size. He declined to say how they communicated with parents or whether a letter was sent out.

“He would not discuss who had interviewed the children or what interview techniques had been used….”

– From “Prosecutors won’t discuss techniques” in the Raleigh News & Observer (Feb. 25, 1990)

Two decades later Williams, though no longer district attorney, was still “not in a position to talk about it.”

Coincidentally – or not – the Little Rascals story shared Page 2C with one noting that “Social workers are trying to determine why reported cases of child abuse and neglect in North Carolina jumped 27 percent in 1989, while cases nationally are expected to rise only 3 percent or 4 percent….”

A consultant with the state Division of Social Services observed that “Any time you get a radical increase in the number of complaints, you’re probably getting a number of complaints of questionable validity…..Folks who make those reports need to use some common sense.”