June 10, 2013

“The danger posed by courts and prosecutors who abdicate their responsibilities to uphold the Constitution in favor of overwhelming community sentiment was recently illustrated in State v. Robert Fulton Kelly Jr.

“The trial prosecutor and the Superior Court judge were so overwhelmed by community sentiment that the trial was converted from a proceeding to adjudicate Mr. Kelly’s guilt or innocence into a forum to assist the families of the scores of alleged child victims recover from the gut-wrenching allegations of the 100-count indictment. The result: Justice was poorly served.

“The individuals thought to be victims and their many family members, loved ones and neighbors were frustrated, angered and in the end felt cheated. The individuals accused of heinous abuse of scores of children were deprived of a fair trial and deprived of liberty for more than three years.”

– From a talk by Henderson Hill, director of the N.C. Resource Center, Office of the Appellate Defender, at the Senator Sam J. Ervin Jr. Constitutional Issues Program, (May 18, 1995)

Oct. 22, 2015

North Carolina isn’t the only state that has failed to mitigate – however little and late – the injustices it inflicted during the “satanic ritual abuse” era.

In Massachusetts, the Fells Acres Day Care case of 1984 resulted in the conviction and imprisonment of Violet, Gerald and Cheryl Amirault. Even more than in other such cases, the prosecution was gratuitously and unceasingly hateful. In 2002, at the urging of District Attorney Martha Coakley, Acting Gov. Jane Swift refused to sign the parole board’s unanimous recommendation of commutation. (At least voters managed not to rewardCoakley, with either a Senate seat or the governorship.)

In 2004, Gerald became the last of the three Amiraults to be released, but his parole carried numerous restrictions.

Barbara Anderson, a longtime advocate, provides this update:

“Gerald’s parole conditions became more burdensome over the years as real sex crimes were committed in the commonwealth: polygraph exams; exclusionary zones (towns he isn’t allowed to enter); a ban on leaving the state without a permit that must be voted on each time by the parole board (and then for no more than two weeks). For years his monthly GPS surveillance fee was $380; this has been dropped to $80 for parole supervision.

“The harshest provision seems to be the ankle bracelet, which keeps him from wearing shorts in the summer or ski boots in the winter, from swimming at the beach with his grandchildren. He has to keep a log of everywhere he goes outside his house.”

During last year’s gubernatorial campaign, Republican candidate Charlie Baker told Anderson that if elected he would address Amirault’s plight. Baker narrowly defeated Coakley, but so far he hasn’t followed through.

Anderson again calls on Baker “to remove the bracelet from Gerald’s ankle, to drop his curfew, to allow him to get a job and to start helping his wife earn money to pay the mortgage acquired during his defense.

“Just call the Sex Offender Board and ask to have him re-classified from Level 3 to Level 1 to ease his restrictions. Or ask them to vote to take him off parole…. Otherwise he’ll be suffering unfair indignities until 2024.

“Clearly there is no way for Massachusetts to make up for 30 years of injustice. ‘Pardon’ is the wrong word, since the Amiraults did nothing wrong, but it may be the only remedy since governments don’t usually do ‘apology.’ “

If Gov. Baker should belatedly rouse himself to unshackle Gerald Amirault, might his fellow Republican governor in North Carolina – or that governor’s would-be successor – take notice? The Edenton Seven may not suffer the continued punishment still visited on Amirault, but their lives too were forever and indelibly damaged by the state.

Jan. 11, 2015

Before he turned back a challenge from Little Rascals prosecutor Nancy Lamb, incumbent District Attorney Andrew Womble had given me an inkling of hope he might consider revisiting the case.

This is from a letter I sent him on Sept. 11:

“In your Q&A with the Outer Banks Voice… you recalled ‘a pervasive mindset that the job of the district attorney was to prosecute all cases and to gain convictions. The Duke lacrosse case sort of changed that in my mind; the role of the district attorney is to seek justice.’

“Your thoughtful response leads me to ask how in retrospect you view the prosecution of Bob Kelly, Dawn Wilson and the rest of the Edenton Seven. Is Little Rascals a case  you would have chosen to take to court, much less extend over eight years?

“Johnson Britt, Robeson County DA, recently disavowed the state’s allegations against two defendants cleared by DNA testing. In addition to the North Carolina Court of Appeals’ robust overturning of the verdicts against Kelly and Wilson, a quarter-century of medical and social science research has made ever more clear the innocence of the Edenton Seven….

“As district attorney, would you be willing to voice your own unofficial exoneration of the defendants in the First District’s most notorious prosecution?”

When Womble didn’t respond, I turned to Holly Koerber-Audette, his campaign consultant. Two weeks before the election she offered encouragement: “I am more than happy to talk to him about your request.  I have followed the case and your excellent efforts for a long time now…. You have my word, I will discuss it with him.”

My several follow-up emails have gone unanswered. Whatever the DA’s response, I’d be glad to see it.

Oct. 28, 2013

“What was surprising was that in a class of 50 students, none had heard of the day care allegations of the 1980s.”

– From a note from Catherine Caldwell-Harris, associate professor of psychology, Boston University

Well, that’s a bracing dose of reality, isn’t it? But thanks to Dr. Caldwell-Harris, those students in her developmental psychology class now have an understanding of the moral panic. Here’s her lesson plan, which she doesn’t mind being borrowed, along with her comments on how students responded.

Maybe the  current generation of academics sees clearly what many of their predecessors so horribly misjudged?