Rascals case in brief

In the beginning, in 1989, more than 90 children at the Little Rascals Day Care Center in Edenton, North Carolina, accused a total of 20 adults with 429 instances of sexual abuse over a three-year period. It may have all begun with one parent’s complaint about punishment given her child.

Among the alleged perpetrators: the sheriff and mayor. But prosecutors would charge only Robin Byrum, Darlene Harris, Elizabeth “Betsy” Kelly, Robert “Bob” Kelly, Willard Scott Privott, Shelley Stone and Dawn Wilson โ€“ the Edenton 7.

Along with sodomy and beatings, allegations included a baby killed with a handgun, a child being hung upside down from a tree and being set on fire and countless other fantastic incidents involving spaceships, hot air balloons, pirate ships and trained sharks.

By the time prosecutors dropped the last charges in 1997, Little Rascals had become North Carolina’s longest and most costly criminal trial. Prosecutors kept defendants jailed in hopes at least one would turn against their supposed co-conspirators. Remarkably, none did. Another shameful record: Five defendants had to wait longer to face their accusers in court than anyone else in North Carolina history.

Between 1991 and 1997, Ofra Bikel produced three extraordinary episodes on the Little Rascals case for the PBS series “Frontline.” Although “Innocence Lost” did not deter prosecutors, it exposed their tactics and fostered nationwide skepticism and dismay.

With each passing year, the absurdity of the Little Rascals charges has become more obvious. But no admission of error has ever come from prosecutors, police, interviewers or parents. This site is devoted to the issues raised by this case.

 

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March 25, 2023
Encouraging news, after ๐Ÿ‘๐Ÿ” ๐ฒ๐ž๐š๐ซ๐ฌ of unspeakable injustice:
On Aug. 28-30, Junior Chandler's lawyers with Duke's Wrongful Convictions Clinic will present evidence of his innocence at a hearing in Boone before Superior Court Judge Gary Gavenus.
Earlier, Judge Gavenus denied, without an evidentiary hearing, five of Juniorโ€™s seven claims supporting his innocence, but he ordered the August hearing on the last two:
1) that, during Juniorโ€™s trial in 1987 [background in first comment], prosecutors violated Brady v. Maryland, a federal constitutional requirement that they turn over evidence favorable to the defendant and withheld significant evidence demonstrating that Junior did not commit the crimes he was charged with โ€“ and that, in fact, no crimes ever occurred; and
2) that prosecutors allowed their most important witnesses to testify falsely, which Junior's lawyers could not prove without the Brady evidence being withheld.
These are powerful and well documented claims, deeply rooted in this country's promise of fair treatment for all defendants -- a promise that for Junior Chandler has remained broken since 1987.
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3 months ago

Junior Chandler's affect in a Boone courtroom over three days in late August gave few clues that the rest of his life was at stake.
Wearing an orange jumpsuit and wrist shackles, Junior sat composed and attentive a few feet in front of Superior Court Judge Gary Gavenus as half a dozen lawyers debated the 1987 trial that resulted in consecutive life sentences plus 21 years for the "satanic ritual abuse" of his Madison County day-care bus riders.
Occasionally he would wince at seeing video of a pediatrician or social worker struggling to defend their profoundly flawed testimony of 36 years ago.
I asked Junior what he would've told Judge Gavenus had he himself been called to testify. Here's what he wrote me from Avery-Mitchell Correctional Institution:
"My name is Andrew Edward Chandler Jr. I am 66 years old, and I have been been in prison since April 17, 1987, for crimes I am 100% innocent of!
"I have lost many of my family in that time. My son Andy is now 44 years old, son Nathan will be 40 this month. My Mom is 87 years old. My brother Robert, who took care of Mom, passed away on June 12th, the day before her birthday.
"How much time is enough when there was only hearsay evidence that convicted me! I can only Hope and Pray that Justice will finally come my way and I will have the chance to get to know my sons and grandkids and great grandsons one day!"
It's been almost four months since Junior's hearing in Boone -- and 2.5 years since Judge Gavenus received his Motion for Appropriate Relief. Is it too much to expect that Junior be granted that relief before beginning yet another year behind bars?
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3 months ago

Notes from this week's evidentiary hearing in Boone on Junior Chandler's Motion for Appropriate Relief (background in first comment):
"๐’๐ก๐จ๐ฐ ๐Œ๐จ๐ฆ๐ฆ๐ฒ ๐ฐ๐ก๐š๐ญ ๐‰๐ฎ๐ง๐ข๐จ๐ซ ๐๐ข๐."
-- Bus rider being prompted in interview with social worker Linda King (reported in the original transcript, but omitted from the prosecution's trial summary)
"๐“๐ก๐ž๐ฒ ๐ค๐ง๐ž๐ฐ ๐ข๐ญ ๐ฐ๐š๐ฌ ๐š ๐Ÿ๐ซ๐š๐ฎ๐ ๐š๐ง๐ ๐ญ๐ก๐ž๐ฒ ๐๐ข๐๐ง'๐ญ ๐œ๐จ๐ซ๐ซ๐ž๐œ๐ญ ๐ญ๐ก๐ž ๐ซ๐ž๐œ๐จ๐ซ๐."
-- Jim Coleman, noting prosecutors' violation of the Brady Rule against withholding evidence
"๐€๐ฅ๐ฅ ๐ญ๐ก๐ข๐ฌ ๐ก๐š๐ฌ ๐›๐ž๐ž๐ง ๐ฅ๐ข๐ญ๐ข๐ ๐š๐ญ๐ž๐ ๐š๐ฅ๐ซ๐ž๐š๐๐ฒ."
-- John Honeycutt, assistant DA for Madison County, dismissing the defense's claims as irrelevant
"๐˜๐จ๐ฎ'๐ฏ๐ž ๐ฅ๐จ๐ฌ๐ญ ๐ฒ๐จ๐ฎ๐ซ ๐œ๐จ๐ฆ๐ฉ๐š๐ฌ๐ฌ ๐š๐›๐จ๐ฎ๐ญ ๐ญ๐ก๐ž ๐œ๐š๐ฌ๐ž."
-- Superior Court Judge Gary Gavenus, scolding the defense for straying beyond the limits of subject matter he had authorized
"๐“๐ก๐ž๐ซ๐ž ๐š๐ซ๐ž ๐๐š๐ฒ๐ฌ ๐ข๐ง ๐…๐ž๐›๐ซ๐ฎ๐š๐ซ๐ฒ ๐ญ๐ก๐š๐ญ ๐š๐ซ๐ž ๐ฐ๐š๐ซ๐ฆ."
-- Social worker King, insisting that one of Junior's bus riders actually could've fallen into the French Broad River, as claimed, without her parents noticing anything amiss when she arrived home.
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3 months ago

Hi Mr. Powell:
"Well, it's rained here all day, so no yard time! We had a good meal for Christmas, roast beef, mashed potatoes, salad, bean salad, chocolate cake for dessert. I watched NFL games on TV. No mail until Thursday....
"We go back to work on Thursday in Maintenance! We're supposed to get a little snow on Friday -- hope we get a good one! [Junior Chandler's favorite job is driving the snow plow.]
"Tell all your family to have a Happy New Year 2024. I believe this is my time to go home. My granddaughter is expecting a boy this week! Wish I could be there, but maybe soon!"
Andrew Edward Chandler Jr.
0072555
NC DAC Avery-Mitchell Correctional
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3 months ago
 

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Todayโ€™s random selection from the Little Rascals Day Care archives….


 

When ‘overwhelming community sentiment’ wins

130610HillJune 10, 2013

โ€œThe 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.

โ€œThe 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.

โ€œThe 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.โ€

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

Ritual-abuse therapists, meet UFO debriefers

120622SiegelFeb. 13, 2013

โ€œCan we say beyond a shadow of a doubt that any day-care operators in the country are innocent? No. Can we say that those who claim they were abducted by UFOs were not? No.

โ€œ(That) is not a frivolous comparison. The methodology used by therapists on the children is the same methodology used by UFO debriefers. The debriefers ask, Did you see a light? The therapists ask, Did you get taken to a secret tunnel? The debriefers ask, Did you feel a probe by the aliens? The therapists ask, Did Mr. Bob stick a knife in your vagina?

โ€œWhen people, even fully functional members of their communities, regurgitate what they have been told about space probes, we call them lunatics. When children, after constant prodding, regurgitate what they have been told about intimate probes, we put people in prison.โ€

โ€“ From โ€œAbusing Justice, in the Name of Childrenโ€ byย Ed Siegel in the Boston Globe (Sept. 8, 1995)

‘Will Edenton be able to heal from this?’

130807DowdAug. 7, 2013

โ€œAfter (the first episode of โ€œInnocence Lostโ€ aired in 1991), letters and phone calls poured into the mayorโ€™s office.

โ€œ โ€˜Dear Mayor: Thank God I donโ€™t live in Edenton. Itโ€™s full of witches…..โ€™

โ€œ โ€˜Dear Mayor: I suppose since lynching Negroes is verboten, the next best thing is for Southerners to cannibalize each other….โ€™

โ€œJohn Dowd, Edentonโ€™s mayor at the time, is trying to correct some of the damage done to the townโ€™s reputation….

โ€œMany reporters have wanted to know: โ€˜Will Edenton be able to heal from this?โ€™ The question is a little too touchy-feely for some residents, too intimate and much too insincere. Dowd replies, โ€˜Hell, weโ€™ve recovered from the Civil War, from World War II.โ€™ Then, dryly: โ€˜Yeah, I think weโ€™ll recover from this.โ€™ โ€

โ€“ From โ€œLittle Town of Horrorsโ€ by Kathy Dobie in McCallโ€™s (June 1992)

The Civil War, World War II and the Little Rascals Day Care case? The mayorโ€™s resolve was apparent, if not his logic โ€“ but that was true for the whole case, wasnโ€™t it?

What, no applause from Attorney General Easley?

June 17, 2013

โ€œI donโ€™t know if Bob Kelly and the staff of that now-infamous Edenton day care center abused those children… But I do know, beyond any reasonable doubt, that something is dreadfully wrong in that case, and I applaud the (N.C.) Court of Appeals ruling that ordered a new trial for Kelly and Kathryn Dawn Wilson. Everyone who cares about justice should join in a standing ovation for the courtโ€™s common-sense ruling.

โ€œFat chance of that.

โ€œThe prosecution, led by Attorney General Mike Easley, has already begun its campaign to discredit the ruling as a nitpicking exercise that found minor technicalities in the stateโ€™s longest and most expensive trial….โ€

โ€“ From โ€œJustice unlikely for Kellyโ€ by News & Observer columnistย Dennis Rogers (May 9, 1995)

Easley said he would petition the N.C. Supreme Court to review the cases immediately: โ€œThe decision casts no doubt on the credibility of the children or the integrity of the investigation…. In both cases, the facts supporting the convictions were clear and overwhelming. (The appeals court) disregarded these facts and misapplied the law.โ€

Theย Wilson Daily Timesย opined that โ€œEasleyโ€™s vow to appeal the overturning is futile, and he knows it. … Easley tried to play tough prosecutor… implying the convictions were thrown out because of technical indiscretions. But he well knows that the errors in the trials were substantial and egregious (and) made a mockery of justice.โ€

ย Four months later, when the N.C. Supreme Court upheld the Court of Appeals, Easley had lost his bravado. โ€œAll prosecutors know that cases involving children weaken with age,โ€ he said. โ€œA retrial in this matter will be extremely difficult.โ€