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….


 

‘Question mark in so many minds’ about McMartin’

Sept. 4, 2013

In her appreciative review of โ€œThe Hunt,โ€ the new Danish movie about a kindergarten teacher wrongfully accused of child sexual abuse, Betsy Sharkey of the Los Angeles Times writes:

โ€œIf you were in Los Angeles in the 1980s, it is impossible not to be reminded of the McMartin preschool case that dominated headlines for nearly a decade and still remains a question mark in so many minds.โ€

Linking โ€œThe Huntโ€ to the day-care ritual abuse panic is certainly apt โ€“ but in whose minds does McMartin โ€œremain…. a question markโ€?

In the mind of law professorย John E.B. Myers, perhaps. But what credible social scientist today will argue that cases such as McMartin and Little Rascals were grounded in anything but therapist-created fiction?

Brent Adams & Associates, clean up your act

Oct. 31, 2011

โ€œA highly publicized case occurred in coastal North Carolina almost 30 years ago. Making national headlines, the Little Rascals Day Care Center was run by a husband-and-wife team, Bob and Betsy Kelly…. The Little Rascals abuse case involved 90 children who all required extensive therapy sessions.โ€

Shouldnโ€™t a prominent North Carolina firm of trial lawyers know better than to solicit clients withย such a misleading characterization?

Do Brent Adams & Associates really believe all those children โ€“ or any of them โ€“ โ€œrequired extensive therapy sessionsโ€?

I have asked that this paragraph be removed from the firmโ€™s website โ€“ no response yet.

News media newly skeptical about sex allegations?

141203HaywardDec. 3, 2014

โ€œI was in graduate school in Southern California 30 years ago when the McMartin Preschool scandal erupted, featuring tales of Satanic rituals, underground tunnels, group sex with animals and children, and various acrobatic acts that would challenge Cirque du Soleil, all believed credulously by the media and California prosecutors….

โ€œThere was something so literally incredible about (such) โ€˜Satanic ritual abuseโ€™ cults that serious doubts and questions should have been raised right at the outset.

โ€œSome hard questions are starting to be asked about the latest sequel to the Salem witch trials โ€“ the college campus โ€˜rape cultureโ€™ hysteria…. Theย Rolling Stone storyย about an especially brutal gang rape at the University of Virginia is provokingย considerable backlashโ€“ with a few critics suggesting the entire story might be a hoax ….

โ€œIt took years for the โ€˜Satanic child abuse crisisโ€™ to collapse, and several months for the Duke lacrosse scandal to turn around. What is interesting about the UVa story is how quickly it is facing credible challenge….โ€

โ€“ From โ€œThe Spirit of Salem Lives Onโ€ by Steven Haywardย at powerlineblog.com (Dec. 2)

Prosecutor reneged on promise to Betsy Kelly

111202HartJuly 8, 2013

โ€œAs the parents made their case to the (North Carolina Parole Commission), prosecutors and defense attorneys continued sparring over whether the state had reneged on the plea bargain by trying to block (Betsy) Kelly’s parole.

โ€œKelly’s attorney, Joe Cheshire V, says prosecutor William Hart promised not to contest her parole if she agreed to the no-contest plea. Hart says the state never made such a pledge.

โ€œHart and assistant prosecutor Nancy Lamb attended the hearing to support the parents. They say it would be inappropriate for Kelly to be released, because she continues to publicly proclaim her innocence.

โ€œ โ€˜The parents know she is guilty,โ€™ Lamb told reporters before the hearing. โ€˜They know what their children have gone through.โ€™

โ€œCheshire, continuing to maintain his client’s innocence, said Hart should have tried Kelly in court if he wanted to show she was guilty.

โ€œ โ€˜He was afraid to do that,โ€™ Cheshire said. โ€˜And now he’s running around saying that since she won’t admit her guilt, she should not get paroled. I think that’s pretty pathetic.โ€™ โ€

โ€“ From โ€œParents oppose parole for Little Rascals operatorโ€ย in the News & Observer (April 12, 1994)

Pandering, bullying, grandstanding, double-crossing โ€“ inย thwarting Betsy Kellyโ€™s parole, the Little Rascals prosecutors scored a grand slam of misfeasance.

Hereโ€™s what Joe Cheshire recalls about that brutal day:

120716Cheshireโ€œSimply taking that plea was distasteful to me, but when the awesome power of government meshes with the awesome power of the judiciary and neither want to find the truth, but instead to consummate a decided outcome, the individual gets ground up in the process.

โ€œBetsy was desperate to come home and did not trust anyone, nor should she have.ย  I am not a fool; I would not have agreed to such a plea if it did not insure her freedom.ย  The only (apparent) risk was the Parole Board.ย  The prosecutor had agreed to not oppose her parole, but then he reneged.ย  He knew that our only alternative was to move that the plea be set aside and that we would not be in a position to do that.

โ€œYes, in retrospect I should not have trusted him….ย  But he was not willing to put it in writing, and (insisting on that) would have ended the negotiations….โ€

Little Rascals prosecutors seemed perversely unable to let any defendant go home without administering a final cheap shot. When Scott Privott was released under a no-contest plea deal in 1994, they added a last-minute stipulation that he undergo psychiatric evaluation as part of his five-year probation.

โ€œI saw them weekly for about two months,โ€ Privott recalls, โ€œand then they reported that I was normal. My probation officer told me (Bill) Hart was pissed… and that was that.โ€