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 – 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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Today’s random selection from the Little Rascals Day Care archives….

Donald Trump has Harvey. Nancy Lamb had Floyd.

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Harvey

Aug. 27, 2017

In 1999, when the last charges against Bob Kelly were dismissed, here’s how Joseph Neff of the News & Observer described the scene:

“The prosecutors in the longest, most expensive criminal case in North Carolina history picked a day when all attention was focused elsewhere to quietly throw in the towel.

“It was Sept. 15, as Hurricane Floyd churned northward toward landfall the next day, that Assistant District Attorney Nancy Lamb filed a two-page document with the Clerk of Superior Court in Edenton, dismissing eight counts of sexual abuse against Robert Kelly.”

Skepticism, accountability strengthen criminal justice system

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Robert Gebelhoff

Aug. 5, 2016

“Perhaps the virtue of these true-crime stories isn’t how they affect specific cases (indeed, without new and objective evidence that calls into question criminal convictions, it’s important – for the sake of the rule of law – to let decisions stand).

“Instead, series such as ‘Serial’ could have a positive impact on how ordinary Americans – the people who sit on juries and elect local prosecutors and judges – view criminal trials.

“Maybe we’ll be more willing to hold those running for local offices accountable for presenting fair cases and working to eliminate bias against the poor or minorities.

“Maybe we’ll be more appropriately skeptical of cases built on witness testimony alone, or question whether investigators used intimidation or unfair interrogation to get inaccurate information from witnesses….”

– From “How the ‘Serial’ podcast is challenging the criminal justice system” by Robert Gebelhoff in the Washington Post, July 6 (via the Denver Post)

Chandler’s hopes rest with innocence project

May 6, 2013

When last we left Junior Chandler, his former appellate defender, Mark Montgomery, had asked North Carolina Prisoner Legal Services to look into the case.

But NCPLS requires the prisoner himself to request help, and that hasn’t happened. “Like a lot of the old-timers, Junior does not think they (NCPLS) are worth much,” Montgomery says. “There was a big shake up there a few years ago, and they are now very aggressive and as effective as anybody in post-conviction cases. I am going to encourage Junior (again) to ask for their help….”

Meanwhile, he has pitched Junior’s case to Christine Mumma at the N.C. Center on Actual Innocence.

Here’s the essential “evidence of actual innocence” that Montgomery offered Mumma:

“Lathern Hensley (a.k.a. Buddy Norton) was one of the adult mentally retarded riders on Junior’s bus. He and another woman testified that Junior did stuff, and they helped. They each got probation-only plea deals. I found Hensley, but his guardian wouldn’t let me talk with him. The Actual Innocence folks (with powers granted by the state) could insist on talking with Hensley. I think he would say that he was pressured into lying on the stand.”

This is just the latest long shot in overturning Junior’s wrongful conviction, and even if the Center on Actual Innocence agrees to take the case, the process is anything but swift. As the Center’s website cautions, “We counsel patience to inmates and their families during the investigative phase as the process of gathering additional documentation; identifying, locating and interviewing witnesses; and completing many other investigative tasks can take several years.”

‘Juvenile renderings of grownups’ anxieties’

April 16, 2012

“At the beginning of each ritual-abuse case, the children had been eminently reliable, but what they communicated was that they had not been molested by satanists. Indeed, it was only after an investigation started, after intense and relentless insistence by adults, that youngsters produced criminal charges.

“By then, their utterances had nothing to do with their own feelings or experiences. Rather, what came from the mouths of babes were juvenile renderings of grownups’ anxieties.”

– From “Satan’s Silence: Ritual Abuse and the Making of a Modern American
Witch Hunt” by Debbie Nathan and Michael Snedeker (1995)