July 3, 2013

“(Nancy Lamb) is aware of the naysayers, those who say she ran a witch hunt, gleaning hundreds of charges against (Bob) Kelly and his staff from the children’s accounts, which included trips aboard spaceships.

“ ‘You have to look at the big picture,’ she said. ‘You have to know that there are fantastic elements in children’s accounts of abuse, while they also say things that are quite believable.’ ”

“And believe she did….”

– From “How hard it is to say, ‘Enough’ ” by columnist Nicole Brodeur in the News & Observer (May 28, 1997)

What self-serving speciousness. Could there be a better example of failing “to look at the big picture” than Lamb’s focusing on only those fragments of the children’s manipulated testimony that supported her case?

April 18, 2012

“One of the more surprising aspects of this (Little Rascals) case…. was that none of the parents… had observed anything that caused them to suspect their children were being abused or tortured during the period of the alleged abuses; there were no reports of unusual incidents from their children.

“Nor did the parents detect anything unusual when, without notice, they dropped in early to pick up their children from the day care (e.g., to take them to a doctor’s appointment).

“It was only after allegations began to grow that parents also began to remember events or behaviors consistent with their child being abused.”

– From “Jeopardy in the Courtroom: A Scientific Analysis of Children’s
Testimony” by Stephen J. Ceci and Maggie Bruck (1995)

Prosecutor Nancy Lamb gave the Charlotte Observer her response to “Jeopardy in the Courtroom”: “It’s unfortunate that these two people who have a good reputation – or at least Ceci did – have written this. It’s garbage.”

July 16, 2012

“Elizabeth Kelly was denied parole Friday, three months after pleading no contest to charges of sexually abusing children at her Edenton day care.

“Mrs. Kelly, sentenced to seven years, was eligible for parole upon entering prison because she had already served more than two years while awaiting trial.

“Prosecutor Bill Hart said opposition to Mrs. Kelly’s release was heightened by her statements of innocence after entering her plea.

“‘From my work dealing with sex offenders there is no way you can treat a sex offender and restore them to the community until that person admits the wrongness of her actions and takes responsibility….’”

– From the Associated Press, April 16, 1994

From the beginning, the prosecution never missed a chance to tighten the thumbscrews on Betsy Kelly: Plead guilty, implicate your husband or suffer grave consequences. Although she eventually took a plea bargain, she never accommodated Bill Hart’s pious insistence that she admit “the wrongness of her actions.”

In October 1989, about six weeks after her arrest, a hearing had been held in Raleigh on whether Kelly should be forced to move from a mental health unit into Dorm C at women’s prison.

Recalls Faye Sultan, a Charlotte forensic psychologist who testified on her behalf: “She had been found guilty of nothing at that point, but she was being housed in the most isolated, restrictive facility in the prison, where Death Row and disciplinary inmates were housed. Seems a bit unfair, no?”

Sultan testified that Kelly’s “psychological condition is rapidly deteriorating, and in fact she is on the edge of becoming psychotic.”

Why would the state insist on moving a pretrial “safekeeping” defendant to such a hostile environment? “The reason was to pressure Betsy,” says Joe Cheshire, her lawyer. “They didn’t know her very well, did they?”

Jan. 14, 2013

Junior Chandler’s prospects for at last walking out of Avery-Mitchell Correctional Institution a free man remain bleak. After more than 25 years, he is probably the last still-imprisoned victim of the multiple-victim, multiple-offender ritual-abuse day-care panic.

When the North Carolina Supreme Court arbitrarily and tortuously rejected Junior’s appeal, it wrote finis to his options within the system.

Now, however, appellate lawyer Mark Montgomery has referred the case to North Carolina Prisoner Legal Services, a nonprofit law firm that represents inmates whose convictions exhibit significant flaws – a category that clearly includes Junior’s.

Mary Pollard, NCPLS executive director, has only begun to examine the file. “The problem with Mr. Chandler’s case,” she says, “is that he has already had a post-conviction review, which could severely constrain what we can do.”

 After Junior submits a formal request for consideration, she expects to make a decision within 90 days on whether to pursue the case.