Aug. 6, 2012

Let’s say you were a special deputy attorney general called in from Raleigh to help prosecute the Little Rascals case. Now imagine: What would be the most inappropriate, the most ethically questionable way you could possibly spend your spare time in Edenton? How about starting to date the mother of one of the alleged victims?

Yes, that’s exactly what Bill Hart chose to do. He and Patricia A. Kephart had been involved for months even before Bob Kelly’s trial began.

Readers of this blog won’t be surprised to learn that Hart denied any impropriety and blamed the defense for trying “to divert attention from the case.”

But Rich Rosen, professor of criminal procedure at the UNC Chapel Hill School of Law, told the News & Observer of Raleigh (Dec. 20, 1991) that “It certainly raises questions in my mind. A prosecutor is not supposed to have any personal involvement or interest in the case.”

One question raised in my own mind: Unlikely, yes, but what if Hart had experienced a pang of doubt about the validity of the prosecution’s case? Would he have been able to admit that to his girlfriend (much less to his fellow prosecutors)?

At the conclusion of the state’s case, prosecutors dropped charges related to Kephart’s daughter. Hart and Kephart later married.

Jan. 23, 2013

“Ritual sex abuse is back. Recently (in 2003) I heard that a conference on the topic was being held for psychotherapists.

“It was planned not to critique a nasty period in the annals of American hysteria but rather so that attendees could learn to ask patients if they’ve ever been raped in day care by secret devil worshipers.

“This stuff was debunked in the 1990s as a type of urban myth. Yet it keeps cropping up, complete with pseudo-scientific theories about the psychology of so-called victims – theories that likewise refuse to die.

“One such theory is that children who are molested often grow up to deny that the crime ever happened. Many do so, the theory holds, because people commonly repress or dissociate from memories of horrific trauma – particularly sex abuse.

“This idea has been repeatedly discredited by research psychologists. But… in pop culture and among many child-protection workers, it’s still de rigueur to think that a child who was fondled or raped is at risk of burying the memory.”

– From “The Exorcists” by Debbie Nathan in the Washington Post (May 4, 2003)

Oct. 24, 2011

It’s almost obscene to consider the Edenton Seven as lucky, but at least they eventually went free.

Mark Montgomery, the Durham appellate lawyer who represented Bob Kelly, cites two clients still in prison after being convicted of bizarre sexual abuse during the decade of moral panic, 1984-94.

“Junior Chandler was a driver for a (Madison County) day care. The prosecutor (the same who prosecuted Bob Kelly) alleged that Junior would drive off his route to a park by a river, strip the children of their clothes, troop them down to the river, put them in a rowboat, commit various sexual acts, put them back on the bus and take them home.

Based almost exclusively on hearsay and expert ‘vouching,’ Junior was convicted in 1987, and sentenced to two life sentences.

“Pat Figured was supposed to have driven from North Raleigh to Smithfield over his lunch hour to stick a screwdriver into the anal openings of his girlfriend’s two children. (UNC Chapel Hill) psychologist Mark Everson testified that the children ‘had been abused by Mr. Pat Figured.’ Pat was convicted in 1993 and sentenced to life in prison.”

Here is the North Carolina Supreme Court’s 2010 decision that kept Andrew Chandler Jr. a/k/a Junior Chandler in prison.

And here is a thorough history of Pat Figured’s case.

The fate of Chandler and Figured is surely appalling. However, Montgomery adds, “For each defendant who went to trial and was convicted of sexual abuse, dozens more pled guilty to a lesser charge in order to avoid trial for crimes that are difficult to defend against and carry draconian penalties.”

April 13, 2012

“A decade-long investigation by the FBI has found no evidence linking child abuse with organized satanic cults.

“In a recent report by the agency, Special Agent Kenneth Lanning warns about the influence of ‘overzealous intervenors,’ such as therapists and parents, ‘who may be affected by their zeal to uncover child sexual abuse, satanic activity, conspiracies.’ Their influence can contaminate a case so much that no one will ever determine what, if anything, really happened….”

– From the San Diego Union-Tribune (December 27, 1992)