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.

April 17, 2013

“One day you will stand before almighty God and be accountable for that which you have done here on Earth, and no amount of lies and manipulation, no ‘Frontline’ presentation will be able to hide the truth from him. He knows every sordid detail and I pity you for that.”

– From a statement read by Little Rascals parent Susan Small at the plea-agreement hearing of Scott Privott (June 16, 1994)

On the scale of responsibility for brutalizing the Edenton Seven, the panicked, misinformed parents may rank as least culpable. They were neither demagoguing public servants (the prosecutors) nor overreaching professionals (the therapists). Even so, Susan Small’s tirade seemed gratuitously vitriolic – as if her own beliefs might have needed reinforcing?

I asked Scott Privott what it felt like being on the receiving end that day in the courtroom.

“I almost got up and told her to shut the hell up and that I would let the state put me on trial,” he said. “I thought to myself that I was glad God would judge me and not her and her pathetic cohorts.”

Scott’s recollection of his earlier knowledge of Susan Small highlights the Lilliputian stage on which the sprawling Little Rascals drama played out:

“I was in college with Susan Small’s husband, Morris; in fact, Morris and I used to ride together from Edenton to Elizabeth City to attend classes at the College of the Albemarle. Susan was at the college too, but I didn’t know her that well. Morris was my banker at the time of my arrest.”

A third member of the car pool: Jay Swicegood, another accusing parent.

“I am not like some of those who’ve been falsely accused and hold no ill feelings,” Scott says. “I have plenty of ill feelings, and I do not for one moment wish them any good tidings.”

Idle thought: Might it mitigate Scott’s bitterness if someone – anyone! – who participated in putting him behind bars for three years and eight months had the courage to apologize?

June 29, 2014

“(The Little Rascals Day Care center) is red brick, with plate glass windows on the front. The two-story structure is located on East Eden Street, amid mostly modest one-family homes, oaks, azaleas and crape myrtles, just a few blocks from the beautiful bay and downtown.

“The neighborhood is quiet now, but as the case unfolded during the last two years, journalists from time to time set upon the area, seeking eyewitnesses to the alleged incidents. Several residents recently told a visitor they had seen none of the alleged acts.

“For some, hindsight is powerful in the wake of the allegations. Lenora Smith, who lives next door to the center, voiced ‘surprise’ at the charges but does remember that ‘a few things I saw were kind of unusual.’

“What?

“Well, Robert Kelly owned a plumbing business, but ‘at times he stayed over there (at the day-care center) a lot,’ she said….

“Some people here admit to being a bit jumpy since the allegations surfaced.

“Debbie Jones said, ‘I get paranoid.’ Extending her hand, palm down, she made it tremble, saying: ‘I’m like this if I’m with my kids in a public place.’

“In a building on the town’s main thoroughfare, South Broad Street, a young boy who looked about 5 years old, bolstered her point. As he walked out of an office into a hall, apparently heading for the bathroom, he looked over his shoulder and said stoically to a woman: ‘If I don’t come back, call the police.’”

– From “Child Abuse Charges at Day-Care Center Divide Formerly Close-Knit Community” by Lee May in the Los Angeles Times (June 8, 1991)

May 27, 2014

“The state court system says it hired a local defense attorney to prosecute three murder suspects because the current district attorney had conflicts of interest in all three cases and no other prosecutors were available.

“The N.C. Administrative Office of the Courts hired H. P. Williams Jr. as a special prosecutor on March 27 after attempts to find a prosecutor from either the state Attorney General’s Office or another district attorney’s office failed….”

– From “Williams to prosecute 2 more murder cases” by William F. West in The (paywalled) Daily Advance (May 24)

Yes, that’s the same H.P. Williams Jr. who as district attorney prosecuted the Edenton Seven, who as an ostensible expert appeared at conferences on “satanic ritual abuse” alongside “cult cop” Robert J. Simandl and Civia Tamarkin of Believe the Children, who as a candidate for reelection received only 41 percent of the vote and who after returning to private practice emphatically declined to discuss the Little Rascals case.

Yes, that H.P. Williams Jr….