June 6, 2012

“The Kellys decided to buy the day care center after a previous owner quit following a dispute with a mother (who) was upset that her son didn’t get cake at a party because he wouldn’t wear a bib, Mrs. Kelly said (in testimony at Bob Kelly’s trial).

– The Associated Press, Feb. 11, 1992

What a coincidence – Jane Mabry, the disgruntled mother who ran off the first day-care owner, is the very same disgruntled mother who shut down the Kellys!

May 14, 2012

Mary De Young’s engrossing bibliography “The Ritual Abuse Controversy” lists page after page of books and journal articles that accept wholeheartedly the existence of an epidemic of ritual abuse in day cares during the ’80s and early ’90s.

Roland Summit, Ann Burgess, Susan Kelley, David Finkelhor, etc., all used their professional credentials to support and spread the panic. But who among them has since acknowledged that it was all baloney? And that it left behind hundreds of profoundly damaged child-witnesses, families and defendants?

When I asked Dr. Finkelhor about the now-discredited foundation of “Nursery Crimes,” he replied that “This was a while ago, and I have not revisited the case. Our research did not conduct any independent review of the evidence, but simply coded the conclusion of the investigator we interviewed. I was neither an authority about the validity of claims at the time or at the present.”

Am I wrong to expect a higher level of professional accountability?

Mostly, by the turn of the latest century the alarmists had simply withdrawn from the arena. Like Dr. Finkelhor, they had moved on to other topics and “not revisited the case.”

One exception is Kathleen Coulborn Faller, professor of children and families in the School of Social Work at the University of Michigan.

In “Understanding and Assessing Child Sexual Maltreatment” (second edition, 2003), Dr. Faller writes, “Though others’ perceptions of the problems of sexual abuse in day care have changed, mine essentially have not.” Minimizing the work of next-generation researchers such as Ceci and Bruck, she cites approvingly such works as Kelley’s “Parental Stress Response to Sexual Abuse and Ritualistic Abuse in Day-Care Centers.”

Might Dr. Faller have changed her mind over the past decade?

Last week I asked her. So far she hasn’t replied.

June 8, 2012

“The duty of the prosecutor is to seek justice, not merely to convict.”

– American Bar Association

“The primary responsibility of prosecution is to see that justice is accomplished.”

– National District Attorneys Association

“If you were playing poker, would you be playing with your full hand
showing?”

– Bill Hart, special deputy attorney general, defending his unwillingness
to share evidence with the Little Rascals defense

April 6, 2015

A team from the Duke Wrongful Convictions Clinic recently traveled to Buncombe and Madison counties to collect documents from court clerks’ offices, to interview witnesses and to inspect locations where Junior Chandler allegedly abused children who rode his day-care bus.

Billy Chandler, Junior’s brother, and Clayton Rice, his lifelong friend, guided the Duke investigators (and me) along Junior’s daily route. The narrow, twisting backroads led us to the sites along the French Broad River where prosecutors claimed Junior had repeatedly committed the most bizarre sexual crimes imaginable.

The photo at the right shows a typical vantage. It has always seemed incredible to me that Junior – as described in Mark Montgomery’s amended petition for writ of certiorari – “would drive off his route to a parking area next to the French Broad River, strip the clothes off the toddlers, troop the naked children down to the river, put them on a rowboat, proceed to insert various objects into their anuses and vaginas, bring them back to the bus, put their clothes back on and deliver them home.”

Actually visiting and walking around the supposed crime scenes, which are completely open to neighbors and passersby, only reinforces my impression: The allegations against Junior are simply inconceivable.

So where do things stand as Junior Chandler approaches his 29th year in prison? Clinic co-director Theresa Newman provided this cautious update: “The Duke Wrongful Convictions Clinic has spent the past few months studying the file passed to them by previous post-conviction counsel, researching the developments in the relevant medical and psychological science since the mid-1980s, and otherwise trying to master this complicated and complex case. We are now moving into the next phase of our typical investigation….”

The title of Newman’s illuminating TEDx talk at Elon University couldn’t be more apt: “Waiting is a Beast.”