Dec. 8, 2013

“Obviously, there’s a modern trend towards more limited use of executive clemency that extends beyond the current president. I speculate that the increased media scrutiny given to pardons and commutations has made presidents reluctant to exercise clemency…..

“The same trend… may be present in North Carolina as well…. Most of Governor Easley’s pardons were in cases in which DNA evidence exonerated the defendant, while almost all of Governor Perdue’s pardons concerned the racially tainted Wilmington 10 cases…. It is too early to tell how much, or how little, Governor McCrory will exercise executive clemency.”

– From “Do Only Turkeys Get Pardons?” by Jeff Welty at the North Carolina Criminal Law blog (Dec. 5)

The chart above, compiled by Welty, a faculty member at the University of North Carolina School of Government, depicts poignantly the odds faced by Junior Chandler and others pursuing clemency from recent North Carolina governors.

Since Jim Hunt left office in 2001, pardons have become historically scarce, paralleling the drop-off at the presidential level.  But that smattering of clemency, as Welty points out, is most like to occur in December, under cover of the Christmas spirit.

June 3, 2014

“I want all of you to ask yourselves: If you were to find yourself in the unfortunate circumstance of being the victim of a crime, who would you want representing your interest in the criminal justice system?

“Would you want someone like me, with 30 years experience as a veteran prosecutor, a person who has prosecuted every kind of criminal case there is?

“Or would you want someone like my opponent, whose entire criminal experience comes as in the role of being a criminal defense attorney, defending criminals who commit crimes against the people of the 1st District?”

– Little Rascals prosecutor Nancy Lamb, now a candidate for district attorney, comparing herself – most favorably! – with incumbent Andrew Womble

Lamb won the Democratic nomination for DA in last month’s primary and will face Republican Womble in the general election. Although her campaign website boasts that she has been  “nationally recognized for her work with child abuse,” it somehow neglects to mention her star turn in one of the country’s most publicized “satanic ritual abuse” prosecutions. Fortunately, the five months between now and Nov. 4 should provide ample opportunity for her to address that issue.

April 6, 2012

“Parent-experts made a specific kind of sense of their children’s behaviors and emotions by retrospectively interpreting them as sequelae of day care ritual abuse rather than as reactions to familial stress, the vicissitudes of growing up or, for that matter, the stress of the investigation and the interrogations. ….

“Parent-experts testified that they never had reason to worry about their children’s behavior until they disclosed ritual abuse. Then, to the parent-experts, the tantrums, fears and sleep disturbances that once had looked like nothing more than normal growing pains were retrospectively interpreted….”

– From “The Day Care Ritual Abuse Moral Panic”  by Mary De Young (2004)

Judge Marsh McLelland’s allowing parents to testify as experts about their children’s behavior was one of the key defects pointed out by the N.C. Court of Appeals in overturning the convictions of Bob Kelly and Dawn Wilson.

Aug. 24, 2014

“The following dialogue is from Daniel Goleman’s article ‘Studies Reflect Suggestibility of Very Young as Witnesses,’ in the New York Times (June 11, 1993). It is an excerpt from 11 interviews of a four-year-old boy, who each week was told falsely: ‘You went to the hospital because your finger got caught in a mousetrap. Did this ever happen to you?’

“First Interview: ‘No. I’ve never been to the hospital.’

“Second Interview: ‘Yes. I cried.’

“Third Interview: ‘Yes. My mom went to the hospital with me.’

“Fourth Interview: ‘Yes. I remember. It felt like a cut.’

“Fifth Interview: ‘Yes.’ (Pointing to index finger….)

“Eleventh Interview: ‘Uh huh. My daddy, mommy, and my brother (took me to the hospital) in our van…. The hospital gave me . . . a little bandage, and it was right here’ (pointing to index finger).

“The interviewer then asked: ‘How did it happen?’

“ ‘I was looking and then I didn’t see what I was doing and it (finger) got in there somehow…. The mousetrap was in our house because there’s a mouse in our house…. The mousetrap is down in the basement next to the firewood…. I was playing a game called “Operation” and then I went downstairs and said to Dad, “I want to eat lunch” and then it got stuck in the mousetrap…. My daddy was down in the basement collecting firewood…. (My brother) pushed me into the mousetrap…. It happened yesterday. The mouse was in my house yesterday. I caught my finger in it yesterday. I went to the hospital yesterday.’ “

– From “Case Study of Implanted Memory” by Martin Gardner in Skeptical Inquirer (Fall 1994)

Does this experiment’s series of 11 interviews strike you as extreme? For at least one of the Little Rascals children, Judith Abbott, lead therapist for the prosecution, conducted biweekly sessions for six months!