April 13, 2015

D. Marsh McLelland, judge in the trials of Little Rascals defendants Bob Kelly and Dawn Wilson, died last month in Burlington. He was 94.

This laudatory obituary in the Greensboro News & Record barely mentions the most consequential case in McLelland’s career – “He was brought out of retirement by the state’s chief justice to hear the Little Rascals Day Care child sex abuse case….” – and this one in the Burlington Times-News mentions it not at all.

Had McLelland stayed retired, the prosecution of the Edenton Seven might well have been derailed early on.

The judge originally assigned to the case, L. Bradford Tillery, stepped down under pressure from Deputy Attorney General Bill Hart. Mark Montgomery, Bob Kelly’s appellate attorney, explains why:

“Hart did not like the way Tillery was handling the case.  The final straw was when Tillery ordered Hart to turn over the State’s interviews of those kids who were not the subject of indictments.  He did not order them given to the defense, as he should have done, but Tillery was going to look through them himself.  If he had, he would have seen that most of the kids at the day care, including Hart’s adoptive daughter, had said nothing happened and the jury would have heard about that.

“To prevent that, Hart filed motions accusing Tillery of being biased against the State. Rather than punishing Hart, Tillery took himself out of the case to avoid any appearance of partiality.  Enter McLelland.

“Because Tillery had already ordered the interviews turned over to the court, that was a done deal.  But McLelland never looked at them.  I stumbled across them in the exhibit room of the courthouse and informed the Court of Appeals in my brief.  The failure of the State to turn over to the defense the interviews of kids who said nothing happened was one of the grounds for a new trial for Bob.”

Tillery clearly was stung by Hart’s ploy: “I have served as a judge of Superior Court for over 20 years, and I never found it necessary to take such a step…. Neither have I ever been made to feel before that one side or the other considered me to be not only an adversary but also fair game …. for reckless assertions.”

If only Tillery had responded not by resigning but by sanctioning Hart for withholding evidence.

Jan. 25, 2017

“Why is there such a cultural bias toward stories of abuse – and especially toward grotesque and absurd tales, even when there is no reliable evidence that any crime occurred in the first place?

“The very people we count on to protect our society – prosecutors, police, social workers, jurors, even parents – are eliciting fantasies from children that express our worst collective fears. ….

“The libel that our society has imposed on child-care workers is a kind of projection of guilt for the damage that we ourselves have done, as parents and as a society. We have given our children to strangers to rear, and it makes us uneasy and fearful. Is it any wonder we have a bad conscience?…. ”

– From “Child-care Demons” by Lawrence Wright in The New Yorker (Oct. 3, 1994)

Feb. 5, 2015

“I was involved in this (McMartin Preschool) case. I remember getting dropped off at court-ordered therapy. I don’t remember the sessions, but I have seen the macabre pictures I drew. I have read the accounts the therapist wrote down for me as I detailed the abuse.

“It is my belief, after years of treatment centers and therapy, that nothing physical happened to me…. Mentally, well, that’s a different story. How about paying attention to the kids that were scarred from this therapy? Do you think that just because there was most likely no physical abuse that we didn’t still suffer? Eating disorders, alcoholism, depression, anxiety….

“I lived in fabricated fear. I have a vivid memory of one teacher telling us that she would come to our house in the middle of the night and shoot our parents if we ever told them what happened. This memory, which I now assume was a dream, was the one thing that kept me questioning for years whether or not this happened. So, while I now believe that the memories were unintentionally implanted, I still lived the nightmare through stories and drawings…”

– From “The Trial That Unleashed Hysteria Over Child Abuse” in the New York Times (March 9, 2014)  

Although I linked to Clyde Haberman’s thorough and perceptive piece when it appeared, I’m just now noticing that among the 166 reader comments was this one above from a “therapy…scarred” McMartin child. Unfortunately, it was posted anonymously – so continues the long wait for now-grown child-witnesses (other than Kyle Zirpolo) ready to go public with their recollections.

Nov. 2, 2014

“For District Attorney – Nancy Lamb: Two equally motivated and capable candidates, Democrat Nancy Lamb and Republican Andrew Womble, have mounted compelling political campaigns to claim the job of district attorney of the 1st Prosecutorial District.

“While both have strong credentials for practicing law and for public service, they are nevertheless significantly divided by experience. Lamb’s three decades as a practicing prosecutor is an overwhelming advantage for ensuring that the office of district attorney is guided with seasoned wisdom and trade knowledge.

“Additionally, Lamb’s long trial experience and prosecutorial insight is critically important to lead an office of assistant DAs….”

– From “Our View: TDA endorses Lamb….” in the Elizabeth City Daily Advance (Nov. 1, paywalled)

Although The Daily Advance gushes over Nancy Lamb’s “long trial experience and prosecutorial insight” and her “seasoned wisdom and trade knowledge,” the paper somehow neglects to offer even a single example.

How about the Little Rascals Day Care case?

But TDA apparently doesn’t consider Lamb’s nationally-notorious  courtroom star turn worthy of even a mention, either in its endorsement or – this belongs in journalism’s “Believe It or Not!” – in the 17 news stories it wrote about her campaign.