Aug. 16, 2015

“In 1689, the English Bill of Rights outlawed the widespread practice of keeping defendants in jail by setting deliberately unaffordable bail, declaring that ‘excessive bail shall not be required, nor excessive fines imposed.’ The same language was adopted word for word a century later in the Eighth Amendment to the United States Constitution.

“But as bail has evolved in America, it has become less and less a tool for keeping people out of jail, and more and more a trap door for those who cannot afford to pay it….

“Across the criminal-justice system, bail acts as a tool of compulsion, forcing people who would not otherwise plead guilty to do so….”

– From “The Bail Trap” by Nick Pinto in the New York Times (Aug. 13)

Could there be a more bare-faced example of “excessive bail” than that set for the Edenton Seven?

• Bob Kelly, $1.5 million (later reduced to $200,000 – after his conviction was overturned – then $50,000 )
• Betsy Kelly, $1.8 million (reduced to $400,000)
• Scott Privott, $1 million (reduced to $50,000)
• Shelley Stone, $375,000
• Dawn Wilson, $880,000 (reduced to $200,000)
• Robin Byrum, $500,000 (reduced to $200,000)
• Darlene Harris, $350,000

Did prosecutors fear that the defendants would flee to Argentina? That they would prowl the town’s playgrounds in search of new victims? No, these absurd amounts surely had no purpose but to coerce confessions. How shocked and disappointed they must have been that not one of the defendants, though crushed financially, succumbed.

April 26, 2013

By 1997, when the college textbook “Family Violence Across the Lifespan” was first published, the most grievous excesses of the day-care ritual-abuse panic had passed (although it would be two more years before Little Rascals prosecutors dropped a final, unrelated charge against Bob Kelly).

The authors, social scientists at Pepperdine University, devoted entire sections to “Do Children Fabricate Reports of Child Sexual Abuse?” and “The Satanic Ritual Abuse Controversy.” More on those issues here.

Their approach is thoughtfully skeptical, but they can’t quite bring themselves to call baloney on those peers whose ill-conceived claims ginned up the “controversy” or whose gullibility prolonged it. For example:

“If there is so little evidence confirming the existence of SRA, why do so many perceive the SRA threat to be real? One reason is that… therapists, police officers and child protection authorities, who are often required to attend seminars on current developments in their field, are exposed to SRA ‘experts’…. These seminars tend to employ proselytizing techniques characteristic of organizations seeking recruits. Many well-meaning helping professionals, who are generally motivated by the desire to help abused clients, become convinced of the existence of SRA through these seminars (such as the one at Kill Devil Hills)….”

“Family Violence…” has proved popular enough to justify a third edition (2011), in which all mention of ritual abuse has been removed.

I asked sociologist Robin D. Perrin, one of the authors, to trace his thinking on the subject between editions.

“I suppose one could argue that the ‘Satanic Ritual Abuse’ issue is a bit dated at this point,” he replied, “as the Satanism scare has mostly faded into the sunset. But it is still a fascinating page in history, if nothing else….

“As for our approach on these issues, I think ‘thoughtfully skeptical’ is probably fair. You are correct that we fall far short of an outright denial of the validity of all ritual abuse claims. I am quite certain we are not in position to do that. In fact, given the history of mistreatment of children (both ‘then’ and ‘now’) I have no doubt that ‘ritual’ abuse has occurred (depending on how it is defined, of course).”

Dec. 31, 2014

“Dear Mr. Powell:

“At their meeting on December 16, the members of the North Carolina Highway Historical Marker Advisory Committee… voted unanimously not to approve a marker (in Edenton recognizing the Little Rascals Day Care case).

“Your nomination was among 17 on the agenda (only five met with approval)…. In short, the committee felt that the case was too recent – with too many people affected by it living in the area. They felt that much more time needed to pass before the subject could be judged by history and considered for a marker. One suggestion was that it might be considered 25 years after the deaths of those convicted…..”

– From a letter rejecting my application for a “history on a stick” marker for the Little Rascals case

I respect the committee’s reasoning, even though I doubt I’ll be around when it’s ready to reconsider – in what, 2075?

Oct. 20, 2015

“(Richard Beck’s “We Believe the Children”) addresses only the question of why those events unfolded in the particular way that they did, at one particular moment – not why this hydralike form of communal social hysteria can be stamped out in one place only to rear another ugly head elsewhere.

“Perhaps there is no answer to that question – or, at least, no answer we want to hear. Politics, social mores, human psychology, a rye-eating fungus: all these submit calmly to our investigations. But a hard core of evil in the soul of humankind? That might be the real witchcraft, one we dare not examine too closely.”

– From “Trial and Error: Three centuries of American witch hunts” by Ruth Franklin in Harper’s Magazine (Oct. 17)