June 18, 2014

“I was disappointed to see that one of the most celebrated cases of this time was mentioned in (Ross Cheit’s) book but not analyzed. The Little Rascals case from Edenton, N.C., was the focus of a documentary by well-known filmmaker Ofra Bikel, whose reputation was challenged by her film, ‘Innocence Lost.’

“Bikel opined that the owners of the Little Rascals Day Care center were railroaded by children who made wildly incredible claims. For example, Bikel showcased the testimony of a little girl who said she’d been molested on a spaceship. When asked on cross-examination whether the spaceship was ‘real,’ the child said ‘yes.’ Bikel omitted crucial context on that. On re-direct examination about the spaceship the little girl explained that the day care center had taken the kids to a carnival and that the child had been molested on one of the spaceship rides.

“That particular story isn’t in this book, but it is packed with many like it. Even the most skeptical reader will find it difficult to deny that they were snookered by the media coverage to some extent, which means someone owes an awful lot of abused children an apology.”

– From “ ‘Witchhunt Narrative’ Retells ’80s Day Care Abuse” by Wendy Murphy at WeNews (May 23, 2014)

If you know Wendy Murphy from her frequent appearances on cable news channels, variously labeled as “legal expert,” “former sex crimes prosecutor” or “victims advocate,” then you aren’t surprised to see her so confidently weigh in on Cheit’s book. Neither are you surprised to see her so casually disdain the facts of the case. Take, for instance, her analysis of the Duke lacrosse case: “I never, ever met a false rape claim, by the way. My own statistics speak to the truth.”

See also “Why Cable News Never Punishes Liars” by Alex Pareene at Salon (Aug 12, 2010) and “The Wendy Murphy File”at Durham-in-Wonderland (Dec. 31, 2006).

So Ofra Bikel’s “reputation was challenged” by “Innocence Lost”? What does that mean? The same “Innocence Lost” that led to her winning a John Chancellor Award, a duPont-Columbia Award and an Emmy?

Murphy then cherry-picks the spaceship anecdote as if the child’s having earlier visited a carnival somehow confirms that she “had been molested on one of the spaceship rides.”

Was the carnival similarly responsible for Witness A’s testifying that Kelly put a candle and a burning flower stem in his “number two”…. that he was on a tugboat with Kelly…. that Kelly tried to shoot an apple off another child’s head….that he and the other child were hung up in a bag in a tree?….

And was it responsible for Witness B’s testifying that Kelly made him put a Magic marker in another child’s butt… that Kelly tried to push him onto a fire in the woods…. that he saw a lion and a “real bear” in the woods…. that Betsy Kelly ran around the day care brandishing a knife?…..

And what about Witness C’s testifying that Kelly put his gun in her mouth…. that Kelly gave her pills that made her sleepy….. that another day-care worker beat four babies until blood came out of their eyes?….

Must have been some carnival.

July 1, 2013

I noted last week the continuing unwillingness of law professor John E.B. Myers, widely published authority on child sex abuse, to express an opinion “regarding the guilt or innocence of any of the McMartin defendants.”

In this passage in “Child Protection in America” (2006), which Professor Myers graciously forwarded to me, he justifies his indecision on the case by pointing to claims of secret underground tunnels supposedly discovered (too late!) beneath the McMartin Preschool:

“Several McMartin parents, especially the indefatigable Jackie McGauley, hired an archeologist to excavate under the abandoned preschool. The archeologist conducted an excavation and issued an exhaustive report concluding there probably were tunnels. The tunnels had been backfilled with dirt, but McGauley pointed out that the Buckeys had months to fill in the tunnels after the preschool closed. I read the archeologist’s report and came away convinced. Yet, I shared the report with a colleague who was just as firmly convinced the report proves nothing.”

At the very least, this approach constitutes feckless “research.” To see the tunnel report thoroughly vaporized, Myers needed only to click on “The Dark Truth About the ‘Dark Tunnels of McMartin’ ” by John Earl (1995) or “What Was Under the McMartin Preschool?” by Joseph Wyatt (2002).

When the McMartin parents went digging for nonexistent tunnels, the term “truther” hadn’t yet entered the lexicon. Too bad.

Dec. 7, 2011

H. P. Williams Jr. was district attorney during the Little Rascals trial. He now practices criminal defense law in Elizabeth City.

I called to ask whether he had changed his mind about the guilt of the Edenton Seven.

“I’m not in a position to talk about it,” he said.

Why is that? I asked.

“It’s just not a question I choose to answer.”

As I made another stab at continuing the conversation, he ended it: “Have a good day. Goodbye.”

Williams was 39 when the first charges were filed. Today he is in his early 60s. I held out hope that over the years he had reexamined his role in crushing the lives of seven innocent citizens, had suffered a few dark nights of the soul, had harbored an unspoken wish to make amends, had summoned the honesty and courage to break with the prosecutors’ code of silence when faced with the error of their convictions….

I was naive.

June 14, 2015

Long after Bob Kelly reclaimed his freedom, he continued to fear that prosecutor Nancy Lamb was searching for yet another excuse to send him back to prison.

His apprehension was entirely reasonable.

In 1996, less than a year after the North Carolina Court of Appeals overturned Kelly’s conviction in the Little Rascals case, Lamb had had him indicted on a new round of sex charges, supposedly unrelated and transparently dubious.

According to correspondence I recently happened onto, a lawyer who attended a scheduling conference for Kelly’s upcoming trial was startled by Lamb’s unprofessional demeanor:

 “It was very obvious… that Nancy is on a personal mission to have Bob put behind bars for something. Her voice and her hands were noticeably shaking throughout the meeting and at times she wiped moisture from her eyes.

“I just don’t see how she can go through an entire trial without exposing to the jury this ‘witch hunt’ mentality that has consumed her….”

For whatever reason – she claimed, as usual, to be looking out for the ‘victim’ – Lamb’s decade-long pursuit of Bob Kelly ended anticlimactically. She dropped the last charges in 1999.