July 31, 2013

“Have you ever stopped to consider what the statistical odds must be against the following allegations made by the prosecution? How could the following all be true?

“1. That seven child abusers would somehow all show up at the Little Rascals Day Care during the same time period.

“2. That out of these seven alleged abusers not one had any record of any sexual misbehavior in their past.

“3. That out of all seven of these alleged abusers not one was found to be in possession of any child pornography or other suggestive materials.

“4. That with multiple-hundreds of alleged abuses claimed to have taken place, not one single piece of ‘hard’ evidence was ever found. Nor was there a single adult witness to any behavior even suggestive of abuse.

“5. That out of all seven of these alleged abusers, not one would be willing to testify against the others in return for easier treatment.”

– From a Feb. 22, 1994, letter sent to prosecutors and the press by Jeffrey Keimer of Portola Valley, Calif.

These are questions that occurred to someone following the Little Rascals case from 3,000 miles away. Too bad they seem not to have occurred to so many prosecutors, therapists, parents, reporters and jurors. Up close, was the “ritual abuse” narrative simply too mesmerizing?

Feb. 8, 2013

“Your honor, ladies and gentlemen, this is a case about trust and betrayal of trust… trust placed in the hands of Ray Buckey and Peggy Buckey.  Parents who will testify will tell you… they didn’t ask about activities that were going on at the preschool. They didn’t piece together the clues they were getting from their children. These parents will tell you they now understand the importance of listening. The case contains 100 felony counts of Section 288-A and B, and one count of conspiracy….

“Betrayal! These innocent children placed their trust in these two teachers and the teachers betrayed them…. One mother observed her two daughters performing oral copulation on each other. Another mother saw a sore rectum in her child. She will tell you she did not want to go to school, did not want to sit on her father’s lap and that she ran through the house singing, ‘What you see is what you are/ You’re a naked movie star.’

“One mother will tell you that she saw her daughter masturbating with a wooden pole. One mother will tell you that her children had nightmares.  One mother will tell you that her child had a rectal fissure. Another mother will tell you she saw bloody stools when her child went to the bathroom.  Then, the people will ask you to bring back verdicts on all 100 counts….”

– From Deputy District Attorney Lael Rubin’s opening statement in the McMartin Preschool ritual-abuse case

After the jury acquitted the Buckeys on 52 counts and deadlocked on 13 counts, Rubin complained that “They were lucky. I just hope to God that years from now we don’t hear about Ray Buckey molesting children…. I don’t think I would do anything different.”

Rubin seems to have been almost as graceless a loser as Nancy Lamb, doesn’t she? Almost.

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.

Jan. 4, 2017

“[Richard Beck’s ‘Believe the Children’] is perhaps most poignant on the subject of the damage to the young people who acted as witnesses. ‘Children as young as three and almost never older than nine or ten,’ Beck writes, ‘children who previously understood their time in day care as essentially normal, whether happy or not, had their lives reorganized around the idea that they were deeply and irrevocably traumatized.’ ”

– From “Our Panics, Ourselves” by Rebecca Onion in Boston Review (Sept. 22, 2015)