Oct. 11, 2013

“Holocaust deniers have managed to receive, in recent years, a respectful hearing on college campuses and elsewhere, despite the existence of mountains of firsthand and corroborated traumatic memories of the Holocaust provided by many thousands of survivors – memories that don’t have to be recovered because they are all too vividly, and all too persistently, remembered.

“Holocaust deniers began to achieve their victory over memory even before efforts were made to establish the new category of ‘recovered memory.’ If recovered memory remains unchallenged as a new form of memory, then one can only guess how much more vulnerable to doubt and manipulation legitimate memory will become.”

– From “The Monster In the Mists” by Walter Reich in the New York Times (May 15, 1994)

Oct. 29, 2015

“You have to be … inventive to brand yourself as a Halloween capital – extending a one-night affair into a monthlong celebration and inviting hundreds of thousands of visitors into your streets – when for centuries you were known as the community that put innocents to death for witchcraft. How did Salem, Mass., repackage a tragedy as a holiday, appointing itself ‘Witch City’ in the process?…

“About 200 years after the trials, a Salem silversmith issued a souvenir spoon, featuring a witch holding a broomstick. Other mementos followed. It was difficult to hit the right note: The Salem-based Parker Brothers company issued, then quickly discontinued, a witchcraft card game…. When Arthur Miller visited Salem in 1952, he discovered the subject was taboo….

“Meanwhile the city fell on hard times…. As if by magic, a different kind of enchantment arrived in the form of the ABC sitcom, ‘Bewitched.’ It seemed that an ancestor of Samantha, the main character, had been convicted of witchcraft during the trials….

“In Samantha’s wake, Salem recast its inglorious past, or at least some version of it…. The city transmuted its secret shame into its saving grace. In 1982 it introduced ‘Haunted Happenings,’ later extending the holiday into a four-week festival. ‘Salem owns Halloween like the North Pole owns Christmas,’ The Boston Globe declared….  Halloween is to some extent year-round in Salem, where you might well bump into a goblin in a sandwich shop in July.

“Three hundred years after the trials, Salem unveiled an elegant, understated memorial to the victims. Three hundred and thirteen years after the trials, it unveiled a gleaming statue of the ‘Bewitched’ star, Elizabeth Montgomery, on a broom. Not everyone liked the idea: A former historic district commissioner clucked that one might as well plant a likeness of Colonel Klink at Auschwitz. But the 1992 memorial was arguably not itself possible without ‘Bewitched.’ It isn’t easy to commemorate an atrocity. ABC’s domestic goddess had both laundered and folded the history….”

 – From “First, Kill the Witches. Then, Celebrate Them.” by Stacy Schiff in the New York Times (Oct. 24)

Edenton may lack the springboard of a popular sitcom, but this 1993 letter writer foresaw the tourism potential of remembering the Little Rascals case.  Proposals for a statue – or a spoon – anyone?

Aug. 14, 2013

“FARMVILLE – A juror in the trial of Robert F. Kelly Jr. testified Wednesday that it was an ‘amazing coincidence’ that information from a magazine article appeared in his notes about jury deliberations.

“Dennis T. Ray insisted during a hearing on Kelly’s bid for a new trial that he did not use information from a Redbook article about child molestation to evaluate Kelly’s guilt. Ray denied that he compared Kelly to characteristics of a molester listed in the article.

“But defense attorney David Rudolf vigorously attacked Ray’s credibility by referring to notes Ray made during the deliberations. Rudolf cited numerous phrases from the magazine article, such as ‘vast amount of child pornography’ and ‘sex fiend’ which were identical to phrases in Ray’s notes.

“Rudolf, his voice rising, asked Ray whether it was just coincidence that so many phrases from the magazine appeared word-for-word in his notes. Ray replied that ‘it must be’ because jurors did not have the article in the jury room. ‘The only explanation you have for this is that it is an amazing coincidence?’ Rudolf asked. ‘Yes, sir,’ Ray said.

“In another sharp exchange, Rudolf questioned Ray’s contention that he did not describe the article in an interview with a producer for (“Innocence Lost”). Ray said he told her (only) that there were books in the jury room. Rudolf: ‘You are under oath, sir.’ Ray: ‘I do not remember saying that to her. No, sir.’ Rudolf: ‘Did you say it or not? You are under oath.’ Ray: ‘I do not believe that I did.’

“Rudolf then played video tapes of the program that showed Ray describing the article. Ray said after viewing the video that he did not remember it.”

– From “Kelly lawyer attacks juror’s credibility” in the News & Observer (Jan. 20, 1994)

Dennis T. Ray seems to have been quite a loose cannon in the jury room. In addition to the “amazing coincidence” of the Redbook article, Ray also (according to other jurors cited in Bob Kelly’s appellate brief) “made visits to Edenton despite instructions by the trial court not to.

Mr. Ray also claimed to have talked with an inmate at Eastern Correctional Institution. According to Mr. Ray, the inmate, a convicted child molester, claimed to know Bob Kelly, and to have personal knowledge of Mr. Kelly’s guilt. The jurors said that Mr. Ray also displayed some sort of object that he claimed to be a ‘magic key’ referred to by several children.”

Unpersuaded that any of this mischief might have contaminated the jury’s decision-making, Judge Marsh McLelland rejected Bob Kelly’s motion for a new trial.

March 5, 2012

“DURHAM — Tracey Cline could not admit she was wrong….”

Thus begins J. Andrew Curliss’s latest behavioral analysis of Durham County’s latest disgraced district attorney.

Coincidentally, Curliss cites a book I’ve been reading to better understand the rigidly wrongheaded behavior of the Little Rascals prosecutors.

“Carol Tavris, a Los Angeles social psychologist who has researched and written about the behavior and decision-making of prosecutors, said studies show the human brain, when sorting out conflicting beliefs and actions, will engage in a powerful act known as ‘self-justification.’

“It can keep people from admitting they are wrong and can be more powerful and more dangerous than an explicit lie, she said in an interview and in a 2007 book she co-authored, ‘Mistakes Were Made (But Not By Me)’…

“Self-justification is especially concerning in the justice system, Tavris said, because authorities often view themselves as ‘good guys’ doing the ‘right thing’….

“ ‘It’s really, really, really hard to face the reality that you screwed up,’ she said. ‘When we have a view of ourselves as good, competent, ethical, honest people and we are now confronted with evidence that we did something that was incompetent, unethical, immoral or harmful, we have two choices. We can ’fess up – say, “Oh, my God, look at this evidence, what did I do? How can I make amends?” – or, we deny.’ ”

Here’s a recent public ’fessing up that could be a model for errant prosecutors: “I want to express my sincere regret and apology…. It was a terrible mistake, and we knew it was wrong while we were doing it. Instead of getting caught up in it, I should have stopped it.”

Alas, it comes not from Cline – or from H. P. Williams Jr., Bill Hart or Nancy Lamb – but from the NFL coach who oversaw the “bounty” system for disabling opposing players.