Nov. 19, 2014

“While (‘The Witch-Hunt Narrative’ author Ross) Cheit… admits that there was some ‘overreaction’ and injustice to innocent people – including ‘five, possibly six, of the seven defendants’ in the McMartin case – he argues that the ‘Satanic panic’ hysteria is a myth rooted in exaggeration and distortion….

“Whether the book succeeds in making a dent in the witch-hunt narrative depends, to put it bluntly, on whether we can trust Cheit to give a fair and accurate account of this material. A close look reveals enough evasions, highly tendentious interpretations, and verifiable inaccuracies to conclude that we cannot….

“It is ironic, or perhaps symbolic, that this book has arrived in the midst of a new wave of sex-crime hysteria. Just recently, in the impassioned debate over the sexual molestation charges against Woody Allen, such feminists as Jessica Valenti and Roxanne Gay revived the call to ‘believe the survivor.’ The same mind-set also appears in the current campus climate of pressure to accept virtually all allegations of sexual assault regardless of evidence. Despite Cheit’s attempted debunking, the lesson of the witch-hunts still stands: Emotion-driven, faith-based crusades against repellent crimes are a grave danger to justice.”

– From “The Return of Moral Panic: A scholar tries – and fails – to rehabilitate the sex-abuse hysteria of the ’80s” by Cathy Young at reason.com (Oct. 25)

Young contributes a welcome follow-up to Debbie Nathan’s Cheit-busting response from the National Center for Reason and Justice. She is especially effective in pointing out Cheit’s fact-fudging and cherry-picking in the McMartin and Kelly Michaels cases.

May 10, 2013

“Evidence at the trial of Robert F. Kelly Jr. consisted mainly of the fantasy-laced testimony of children and no physical proof. His conviction was overturned by an appeals court that said the proceedings had been unfair. Now prosecutors have dug into their bag of tricks and, ta-dum, come up with a new set of sex-abuse charges against him.

“It may turn out that Nancy Lamb has better documentation for the latest accusations, which date to 1987 and involve a girl who was then 9. She better have. Otherwise, the public will be left to conclude that the prosecution is simply engaged in a malicious effort to save face.”

– From “Never-ending prosecution” (News & Observer editorial, May 7, 1996)

Unable to gin up such documentation, of course, Lamb finally dropped the new charges – 2½ years later! And the public was indeed left to conclude that they had all been “a malicious effort to save face.”

May 23, 2012

Experienced trial lawyers can’t afford to dwell on lost cases. Sometimes that’s quite a challenge:

“Robert Fulton Kelly…. was the most innocent man I have ever defended and the most victimized criminal defendant in the state’s history. He taught me that under certain circumstances madness can rule the day and overcome everything that is right and just.”

– Gerald Beaver (North Carolina Lawyers Weekly, 2010)

Dec. 21, 2013

As noted here and here, News & Observer columnist Dennis Rogers was among the too-few voices of skepticism about the Little Rascals case. Today Rogers is mostly retired, but he continues to lament the state’s failure to take responsibility for its willful prosecution of seven innocent defendants:

“North Carolina has a sad reputation for misguided justice. There is no better example than the plight of the Edenton Seven. The government destroyed lives and families in its fevered rush to find wrong where there was none.

“It takes political courage to right painful and embarrassing wrongs from 25 years ago. The case of the Edenton Seven offers those who would claim the mantle of leadership in our state an opportunity to demonstrate that they are the kind of people we need in Raleigh.

“Silence in the face of such obvious injustice is cowardice.”