Aug. 14, 2013

“FARMVILLE – A juror in the trial of Robert F. Kelly Jr. testified Wednesday that it was an ‘amazing coincidence’ that information from a magazine article appeared in his notes about jury deliberations.

“Dennis T. Ray insisted during a hearing on Kelly’s bid for a new trial that he did not use information from a Redbook article about child molestation to evaluate Kelly’s guilt. Ray denied that he compared Kelly to characteristics of a molester listed in the article.

“But defense attorney David Rudolf vigorously attacked Ray’s credibility by referring to notes Ray made during the deliberations. Rudolf cited numerous phrases from the magazine article, such as ‘vast amount of child pornography’ and ‘sex fiend’ which were identical to phrases in Ray’s notes.

“Rudolf, his voice rising, asked Ray whether it was just coincidence that so many phrases from the magazine appeared word-for-word in his notes. Ray replied that ‘it must be’ because jurors did not have the article in the jury room. ‘The only explanation you have for this is that it is an amazing coincidence?’ Rudolf asked. ‘Yes, sir,’ Ray said.

“In another sharp exchange, Rudolf questioned Ray’s contention that he did not describe the article in an interview with a producer for (“Innocence Lost”). Ray said he told her (only) that there were books in the jury room. Rudolf: ‘You are under oath, sir.’ Ray: ‘I do not remember saying that to her. No, sir.’ Rudolf: ‘Did you say it or not? You are under oath.’ Ray: ‘I do not believe that I did.’

“Rudolf then played video tapes of the program that showed Ray describing the article. Ray said after viewing the video that he did not remember it.”

– From “Kelly lawyer attacks juror’s credibility” in the News & Observer (Jan. 20, 1994)

Dennis T. Ray seems to have been quite a loose cannon in the jury room. In addition to the “amazing coincidence” of the Redbook article, Ray also (according to other jurors cited in Bob Kelly’s appellate brief) “made visits to Edenton despite instructions by the trial court not to.

Mr. Ray also claimed to have talked with an inmate at Eastern Correctional Institution. According to Mr. Ray, the inmate, a convicted child molester, claimed to know Bob Kelly, and to have personal knowledge of Mr. Kelly’s guilt. The jurors said that Mr. Ray also displayed some sort of object that he claimed to be a ‘magic key’ referred to by several children.”

Unpersuaded that any of this mischief might have contaminated the jury’s decision-making, Judge Marsh McLelland rejected Bob Kelly’s motion for a new trial.

March 21, 2012

“In July 1993, (Tracey Cline) headed to the state’s northeast corner to work as a prosecutor in a cluster of counties near Elizabeth City. Her stint there was short-lived, just six months, and unremarkable, according to supervisors….

“ ‘I hated to see her leave….’ (former District Attorney H. P.) Williams said. ‘I would have given her a good recommendation.’ ’’

– From the News & Observer of Raleigh, February 19, 2012

Williams may have nothing to say on behalf of the innocent Little Rascals defendants, but he seems ever eager to speak well of Cline and Durham’s other epically unethical DA.

March 20, 2013

“Unlike their counterparts in every other state, North Carolina prosecutors have control over criminal court calendars.

“In the Little Rascals case, prosecutors used their trial-scheduling authority to let defendants wait for years before proceeding with their cases. They have held the power of the calendar over (Bob) Kelly for a decade without having to account to any other government authority.”

– From “Little Rascals Day Care case still not over” in the Raleigh News & Observer (Jan. 4, 1999)

Almost nine more months would pass before prosecutors dropped the last charges against Bob Kelly.

Despite efforts at reform, district attorneys in North Carolina still maintain near total control over court calendars.

Feb. 1, 2014

“As our medical schools and graduate programs fill with students who were born after 1989, we meet young mental health professionals-in-training who have no knowledge or
living memory of the Satanic ritual abuse (SRA) moral panic of the 1980s and early 1990s. To those of us old enough to have been there, that era already seems like a curious relic of the past, bracketed in our memory palaces behind a door we are loathe to open again.

“Some mass cultural phenomena are so emotionally-charged, so febrile, and in retrospect so causally incomprehensible, that we feel compelled to move on silently and feign forgetfulness…

“Despite the discomfort it brings, we owe it to the current generation of clinicians to remember that an elite minority within the American psychiatric profession played a small
but ultimately decisive role in the cultural validation, and then reduction, of the Satanism moral panic between 1988 and 1994….

“Are we ready now to reopen a discussion on this moral panic? Will both clinicians and historians of psychiatry be willing to be on record?”

– From “When Psychiatry Battled the Devil” by Richard Noll in Psychiatric Times (Dec. 6, 2013)

Wow! After more than two years of seeing mental health professionals shrug off responsibility for the moral panic they promoted, I can hardly believe what I’m reading. Noll, an accomplished author and professor, traces how it all happened – and asks, “Shall we continue to silence memory, or allow it to speak?”

An early vote to silence memory came from an unexpected source: Psychiatric Times itself, which clumsily pulled Noll’s piece from its website.

By contrast, Allen Frances, professor emeritus of psychiatry at Duke, offered a powerful – and I hope influential – personal mea culpa.