May 17, 2018

In recent years the Little Rascals Day Care case, probably the most significant event in Edenton in the 20th century, seems to have been a taboo subject in the local Chowan Herald and in the Daily Advance of Elizabeth City. I’m grateful that the Herald has published my letter to the editor in this week’s edition:

“In the 1990s the town of Edenton was torn apart by the Little Rascals Day Care case, in which seven local people were accused of ‘satanic ritual abuse’ of dozens of children. The case attracted reporters from the New York Times and Washington Post and received eight hours of documentary coverage on PBS’s “Frontline” series. Co-owner Bob Kelly’s trial was the longest and costliest in North Carolina history. After Kelly served six years in prison and cook Dawn Wilson three, their convictions were overturned.

“The Duke University Law School Library recently opened to researchers an exhibit and archive on the Little Rascals case, including the transcript of Bob Kelly’s trial and numerous other documents. ‘The case is one example of the preoccupation with perceived abuse taking place at daycares and preschools in the 1980s and 1990s,’ Duke wrote in its announcement. ‘Often, these cases also involved allegations of Satanism or devil worship. Like the Little Rascals case, most of these daycare abuse accusations turned out to be false.

“Today no reputable psychologist, social scientist or legal expert will argue otherwise. From Wikipedia to the National Registry of Exonerations, the defendants in cases such as Little Rascals are recognized as innocent victims of a bizarre ‘moral panic’ that bore striking similarities to the Salem witch hunts 300 years earlier.

“During the years-long prosecution of the Edenton Seven, townspeople were divided family vs. family, friends vs. friends. Today the former Little Rascals Day Care Center is being converted into housing – is that what would happen if townspeople believed it was the site of mass molestation of their children? So where now does Edenton stand?”

Oct. 1, 2012

“Since 1983, public and professional interest in maltreatment of young children in day care has increased dramatically. It was then that children first began disclosing allegations of sexual and ritual abuse in the McMartin preschool.

“Although accounts of children being terrorized during satanic rituals seemed bizarre and unbelievable, alarmingly similar allegations against child care facilities throughout the United States prompted public officials, educators and parents to more fully examine the phenomenon. The sheer number of reports and amount of information collected (for legal and therapeutic purposes) provided a rich data base for study.

“Children reporting ritual abuse (RA) have described ceremonial animal and human mutilation and sacrifice, live burial, sacrificial participation or witness, ingestion of human blood, feces, urine and semen, and death threats should they disclose the abuse.

“It should be noted that some doubt the existence of RA….  The prevailing literature since the McMartin case, however, demonstrates that researchers find the evidence too compelling to dismiss…. Perhaps the most reasoned yet sensitive approach to validation is neither unquestioned acceptance nor unequivocal denial, but critical judgment….”

– From “Variables and risk factors associated with child abuse in daycare settings” by Ruth B. Schumacher and Rebecca S. Carlson in Child Abuse & Neglect: The International Journal (September 1999)

Predictably, the references listed by Schumacher and Carlson include an old-school Who’s Who of bad science: e.g., Kathleen Coulborn Faller, David Finkelhor (misspelled “Finklehor”), and Susan J. Kelley (misspelled “Kelly”).

But the authors also cite skeptics Jeffrey S. Victor (“Satanic Panic”), David Bromley and Lee Coleman.

How can this be? How can Schumacher and Carlson have been exposed to such persuasive debunking, yet conclude that “neither unquestioned acceptance nor unequivocal denial” is called for?

Big Tobacco realized early on that instead of beating back every new attack on smoking’s health risks, it needed only to frame the issue as a continuing “controversy” with “two sides.” But what possible advantage accrues to social scientists who take that approach?

June 10, 2013

“The danger posed by courts and prosecutors who abdicate their responsibilities to uphold the Constitution in favor of overwhelming community sentiment was recently illustrated in State v. Robert Fulton Kelly Jr.

“The trial prosecutor and the Superior Court judge were so overwhelmed by community sentiment that the trial was converted from a proceeding to adjudicate Mr. Kelly’s guilt or innocence into a forum to assist the families of the scores of alleged child victims recover from the gut-wrenching allegations of the 100-count indictment. The result: Justice was poorly served.

“The individuals thought to be victims and their many family members, loved ones and neighbors were frustrated, angered and in the end felt cheated. The individuals accused of heinous abuse of scores of children were deprived of a fair trial and deprived of liberty for more than three years.”

– From a talk by Henderson Hill, director of the N.C. Resource Center, Office of the Appellate Defender, at the Senator Sam J. Ervin Jr. Constitutional Issues Program, (May 18, 1995)

May 18, 2016

Even where (wrongful imprisonment) compensation laws exist, they can be badly flawed. Most states, like Louisiana, place the burden on people who were wrongly convicted to prove their innocence before any payment is made. Several states offer embarrassingly small payouts…. Others have laws riddled with unreasonable restrictions…. Some refuse to pay anyone who pleaded guilty or who confessed to a crime he or she did not commit, despite evidence that many innocent people do both….”

– From “Paying for Years Lost Behind Bars,” editorial in the New York Times (May 18)

And some states – well, actually, just one – have governors who withhold compensation for nine months while gratuitously reinvestigating a DNA exoneration.