commentary by Patrick H. Moore
About the worst thing that can happen to a man (or woman) is to be accused of raping a child, especially when the suspect didn’t do it. It gets ten times worse when the suspect is arrested and thrown in jail while his case makes its slow way through the legal system. Once in jail awaiting trial, the innocent suspect naturally fears for his life for the simple reason that pedophiles and child molesters are not very popular among rank-and-file inmates.
This nightmare scenario might make a good book or movie, but only if the suspect is tried and wrongfully convicted and sentenced to 20 years or more in prison and is exonerated years later based on the heroic efforts of a pro bono lawyer who dedicates his or her life to getting the suspect’s wrongful conviction overturned because he believes in him.
On the other hand, if the suspect’s charges are dismissed prior to trial because the police recognize on the eve of trial that they have the wrong man, it would typically not make such a good book or movie, but nevertheless the innocent suspect’s life, reputation and job prospects would probably be ruined, particularly if he is from a relatively small community where the word gets around.
This is exactly what happened to a 50-year-old North Carolina man named Tommy Keith Wall who was mistakenly linked to a pedophilia and child pornography ring based on bogus evidence. Let’s start with Mr. Wall’s charges. In late July, Mr. Wall who had served his church faithfully and had worked at the same job for 23 years, was arrested and charged with first-degree rape of a child, first-degree sex offense against a child and felony conspiracy.
These are hella serious charges and could result in a sentence of upwards of 20 years in state prison.
Here’s how Mr. Wall was linked to the child pornography ring. David Lohr of Huffington Post writes:
The events that led to Wall’s arrest were set in motion in early January, when detectives began investigating Bailey Joe Mills, 33, after an exchange of inappropriate Facebook messages with a 12-year-old girl.
Police said they located videos taken by Mills of himself sexually molesting several children between the ages of 1 and 14. Authorities said they found approximately 10,000 images of child pornography on Mills’ computers, as well as 100,000 images of child erotica and adult pornography, WNCT.com reported.
The execrable Mills, who was already a convicted sex offender, was brought up on numerous charges including first-degree rape of a child and manufacturing child pornography. At present, he has pleaded guilty to one count of manufacturing CP and is awaiting sentences. One can be certain that based on the heinous nature of Mills’ charges, he will not be walking free any time soon.
Several other individuals were arrested with Mills including his wife, a Fort Bragg soldier and the innocent Mr. Wall.
Wall became a suspect based on two surveillance videos. One was of him visiting Mills’ wife Elizabeth in 2011. Innocuous enough on its own, Mr. Wall became a suspect when the police obtained another surveillance video which they insisted depicted him “sexually assaulting a child”.
Mr. Wall’s attorney, Fred Webb, agreed that was first video was definitely Mr. Wall dropping off a load of lumber at the Mills’ house. The second video of the child sex assault, however, convinced the police that Mr. Wall was a child molester even though he resolutely denied any involvement in sex crimes with the child in the vido or any other child.
In poor Mr. Mills’ case, telling the police he was innocent was undoubtedly like talking to a rock. He was thrown into the Harnett County jail and spent the next 3 and ½ months living in abject fear. David Lohr writes:
Wall sat behind bars for 105 days — fearing he’d be stabbed or worse the whole time — before the prosecution played the supposed evidence in court. That was the moment, Wall said, that the sheriff’s office and prosecutors realized they had made a big mistake.
“When they did show it, they noticed I was not the man in the video,” Wall said. “I have tattoos on my back, the guy in the video did not. The voice was different, the hair was different, the glasses were different, the man had a big mole on his head — everything was different.”
Because of the prosecutorial habit of not disclosing evidence until they absolutely have to, Mr. Wall’s attorney, Fred Webb, was not permitted to view the video, which of course turned out to be exculpatory, until the day of the hearing. Understandably, Mr. Webb states that “he was shocked that authorities had not bothered to closely examine it prior to Wall’s arrest.”
“It was crazy,” Webb said. “The detective finally admitted that he was absolutely sure it was not Mr. Wall. Well why didn’t he watch it to begin with? You’d think that would be first thing they would do when arresting someone on a charge like that.”
Mr. Wall’s long overdue release came on October 30th.
Although Mr. Wall is now a free man, his reputation was ruined, a stain that he may never be able to expunge.
“I served my church, was working a career and overnight it was all gone,” Mr. Wall told The Huffington Post.
Fred Webb, who was also interviewed by HuffPost, said:
“He was charged with one of the most horrible crimes and that can never be recovered from. Not only was he charged, but it was plastered all over the Internet.”
Upon his release from jail, Webb found himself homeless, unemployed and in debt. He is now living with his mother and his employer of 23 years has declined to rehire him.
“It’s a very bad ordeal. I was involved in the church and youth ministry and all that came to a stop when they arrested me.”
Despite all, the brave Mr. Wall is not bereft of all hope. He is in the early stages of trying to put his life back together and is looking for a job. Naturally enough, he is also considering filing a lawsuit against the Harnett County authorities.
Fred Webb stated unequivocally that the purpose of the lawsuit is not damages but rather Mr. Wall regaining his good reputation in the community:
“It’s not about that (money). The money will not recover his reputation. His reputation is ruined and that’s what he’s trying to get back.”
* * * * *
Personally, I hope Mr. Wall is awarded a small fortune in damages. He obviously should never have been charged in the first place. Shoddy police work of this nature is unconscionable and the county should be held responsible.
On a more personal level, just imagine how you would feel if something like this happened to you or one of your loved ones. Your fury would know no limits. Nor should it…
Click here to view our earlier post on the Elizabeth and Bailey Joe Mills child pornography case:
‘Sweet’ North Carolina Woman Faces 30 Years for Running Child Pornography ‘Day Care Center’