April 6, 2015

A team from the Duke Wrongful Convictions Clinic recently traveled to Buncombe and Madison counties to collect documents from court clerks’ offices, to interview witnesses and to inspect locations where Junior Chandler allegedly abused children who rode his day-care bus.

Billy Chandler, Junior’s brother, and Clayton Rice, his lifelong friend, guided the Duke investigators (and me) along Junior’s daily route. The narrow, twisting backroads led us to the sites along the French Broad River where prosecutors claimed Junior had repeatedly committed the most bizarre sexual crimes imaginable.

The photo at the right shows a typical vantage. It has always seemed incredible to me that Junior – as described in Mark Montgomery’s amended petition for writ of certiorari – “would drive off his route to a parking area next to the French Broad River, strip the clothes off the toddlers, troop the naked children down to the river, put them on a rowboat, proceed to insert various objects into their anuses and vaginas, bring them back to the bus, put their clothes back on and deliver them home.”

Actually visiting and walking around the supposed crime scenes, which are completely open to neighbors and passersby, only reinforces my impression: The allegations against Junior are simply inconceivable.

So where do things stand as Junior Chandler approaches his 29th year in prison? Clinic co-director Theresa Newman provided this cautious update: “The Duke Wrongful Convictions Clinic has spent the past few months studying the file passed to them by previous post-conviction counsel, researching the developments in the relevant medical and psychological science since the mid-1980s, and otherwise trying to master this complicated and complex case. We are now moving into the next phase of our typical investigation….”

The title of Newman’s illuminating TEDx talk at Elon University couldn’t be more apt: “Waiting is a Beast.”

Jan. 12, 2016

“There are strong similarities between the confessions taken from accused witches in early modern Europe, the testimony of Satanic ritual abuse taken by modern therapists, and accounts of alien abduction given under hypnosis.

“In each of these narratives, a subject describes horrible sexual transgressions performed on them at the hand of a mysterious other: the thorny penis of the Devil, the bizarre anal insertions of Satanists, and the mysterious probing of aliens.

“The motive behind these sexual acts is never revealed and the existence of the perpetrators is usually in doubt….”

– From “Carnal Knowledge: The Epistemology of Sexual Trauma in Witches’ Sabbaths, Satanic Ritual Abuse, and Alien Abduction Narratives” (abstract) by Joseph Laycock in Preternature: Critical and Historical Studies on the Preternatural (2012)

Did prosecutors and therapists even attempt to ascribe any cause or context to the “bizarre anal insertions” common to the day-care allegations? Candles, Magic Markers, burning flower stems?

Did they think such shocking behavior had appeared full blown out of nowhere? On the list of known sexual perversions exactly which box – or boxes! – would they check?

Nov. 27, 2015

“We cannot bring criminal prosecutions based upon what we think the facts might be, out of our love for animals or in response to public pressure. Down that road lies the wreckage of the Duke lacrosse case, the Little Rascals Day Care case and other prosecutorial misadventures…..”

– District Attorney J. Douglas Henderson, explaining his dismissal of animal cruelty charges against the former director of the Guilford County (N.C.) Animal Shelter

An animal shelter isn’t a day care center, euthanasia isn’t “satanic ritual abuse” and Henderson’s decision hasn’t met with unanimous community support, but how encouraging to see a DA who seems to have learned appropriate lessons from two of the state’s most notorious “prosecutorial misadventures.”

July 29, 2013

“Scientists at the Massachusetts Institute of Technology have developed the ability to implant mice with false memories. The memories can be easily induced and are just as strong as real memories, physiological proof of something psychologists and lawyers have known for years.

“The findings are a serious matter. According to the Innocence Project, eyewitness testimony played a role in 75 percent of guilty verdicts eventually overturned by DNA testing after people spent years in prison. Some prisoners may even have been executed due to false eyewitness testimony. It was not because the witnesses were lying. They were just wrong, said Susumu Tonegawa, a molecular biologist and the lead author in the MIT study.

“In the longest criminal trial in American history, the McMartin family, who operated a preschool in California, was charged with multiple incidents of child abuse. After seven years and $15 million in prosecution expenses, some charges were dropped and the defendants were acquitted of others when it became clear some of the accusations were based on false memories, some possibly planted by childrens’ therapists.”

– From “Scientists Produce False Memories In Mice” by Joel N. Shurkin, Inside Science News Service (July 25, 2013)

The same day’s Guardian of London adds this response from Chris French, head of the Anomalistic Psychology Research Unit at Goldsmiths, University of London:

“Memory… is a reconstructive process which involves building a specific memory from fragments of real memory traces of the original event but also possibly including information from other sources.”

“Information from other sources” – that is, from prosecution therapists – was what contaminated the memories of child witnesses in cases such as McMartin and Little Rascals.