July 18, 2012

“Law enforcement officials are teaming up with social services experts to investigate and more effectively prosecute child sexual abuse in North Carolina day-care facilities….

“State Bureau of Investigation Director Charles Dunn said… the goal is to train up to 300 individuals in the state’s largest cities.

“Under the protocol, agencies in counties would establish guidelines for interagency task forces. Each task force would include an investigative unit and a resource unit.

“The typical investigative unit would include a child protective services social worker, law enforcement officer, consultant from the state day-care licensing agency and an SBI agent.

“The resource unit might include medical personnel, SBI lab experts, mental health workers and representatives of the attorney general’s and local district attorney’s offices…

“The General Assembly (this year required) SBI notification within 24 hours of any report of sexual abuse in a day-care setting. ‘The Little Rascals case really just helped to focus the public’s and the legislature’s attention,’ ” Dunn said.

– From the Associated Press, July 21, 1992

I suppose this massive response by the state could be described as closing the barn door after the horse is out – except, of course, for the absence of a horse in the first place.

Two decades have passed since all that staff training, protocol drafting and attention focusing, but apparently the state’s interagency task forces are still waiting to be activated for the next day-care ritual abuse case.

April 4, 2016

Junior Chandler may be the last still-imprisoned victim of the “satanic ritual abuse” day-care panic.

Chandler was a driver for a Madison County, N.C., day care. The prosecutor alleged that Chandler, in the words of appellate attorney Mark Montgomery, “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 no-longer-permissible expert “vouching,” Chandler was convicted in 1987 and sentenced to two life sentences. This month he will begin his 30th year behind bars for a crime that never happened.

Oct. 15, 2012

“German television and the press (especially the tabloids) dwelled on McMartin with almost the same intensity as did the U.S. media….The impact was predictable: an immediate, steep increase in the number of abuse claims by children and their parents….

“In the city of Muenster…. children (at a Montessori school) accused persons totally removed from the setting, including taxi drivers, and talked about coffins, mortuaries, trap doors, chaining and secret subterranean vaults. The panic spread to other schools.

“Finally, the (Montessori) investigation, which lasted from 1990 to 1993, resulted in dismissal for lack of evidence. A key role was played by a level-headed psychologist who submitted an analysis of the children and their parents forming a ‘group mind’ that had evolved through mutually reinforcing suggestion.

“A warning for the modern world: When analyzing children’s allegations, we also must analyze the role of the modern mass media, not only within national boundaries….”

– From “Witch-Children: From Salem Witch-Hunts to Modern Courtrooms”  by Hans Sebald (1995)

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.