June 12, 2013

“We received only one call, from a gentleman in Massachusetts, and he said he felt sorry for the whole community and wished us well. It was business as usual, except for all the damn reporters.

“I don’t see why this thing has to be tried again. It’s been through the judicial system, and I just don’t know what ‘Frontline’s’ agenda is.

“The town is not divided or in turmoil or any of that stuff they’re saying about it.”

– Edenton Town Manager Anne Marie Kelly (no relation to Bob Kelly), reacting to “Innocence Lost: The Verdict” (as quoted in “Sex-case documentary stirs up Edenton again,” News & Observer, July 22, 1993)

April 11, 2014

“It may be hard for you to own the fact that you were duped by therapists and prosecutors, as well as misled by your own naivete about childhood sexuality. While it may be difficult now to acknowledge your five-year-long wrong, it will be far worse if your children have to do it for you, and far worse for you and your children to have history indict you as an unrepentant bearer of these terrible false accusations.

“A place for you in history is already assured. What history finally writes about you now depends on you….”

– From “An Open Letter to the Accusing Parents in the Little Rascals Child Abuse Case” by Raymond J. Lawrence in Contra Mundum (Oct. 1, 1993)

Will even one Edenton parent ever heed Lawrence’s call to “to undo this elaborate fabrication that has caused years of suffering to so many”? What would it take to remove the blinders, to accept responsibility and to separate yourself from the true believers?

Aug. 21, 2013

“Some advocates have suggested secure facilities for America’s child sex trafficking victims…. Such facilities force troubled children into a system of care that may be just as exploitive as with a pimp/trafficker.

“Countless women continue to seek restitution for the sexual abuse by employees assigned to supervise them while in detention in the ’60s and ’70s – some of these women have children fathered by detention employees….

“So then why do we talk about secure facilities for child victims of sex trafficking? Because ‘sex is at issue’ in their victimization….

“Child sex trafficking is not the first social issue to create moral panic around physical and sexual abuse. In the ’80s, Satanic Ritual Abuse garnered self-proclaimed experts, national media attention, law enforcement mobilizations, federal funding, excitement and hysteria. By the ’90s official investigations produced no evidence of widespread conspiracies and only a small number of crimes were verified….”

– From “Residential Programs for America’s Child Sex Trafficking Victims: Secure or Non-Secure Facilities?” by Dr. Lois Lee, founder and president, Children of the Night, at Huffington Post (July 9, 2013)

June 29, 2016

“Compensation is intended in part as a deterrent: a municipality that has to pay heavily for police or prosecutorial misconduct ought to be less likely to allow it to happen again. But it is taxpayers, not police or prosecutors, who bear the costs of litigation and compensation. Prosecutors enjoy almost total immunity in cases of misconduct, even if they deliberately withhold exculpatory evidence from a jury. A 2011 Supreme Court ruling also made it virtually impossible to sue a prosecutor’s office for such violations….”

– From “The Price of a Life: What’s the right way to compensate someone for decades of lost freedom?” by Ariel Levy in the New Yorker (April 13, 2015)

To “deliberately withhold exculpatory evidence” seems all too neatly illustrated in Bob Kelly’s trial. Here’s how the North Carolina Court of Appeals described the prosecution’s actions:

“Judge L. Bradford Tillery, a pretrial Judge, directed the State to file and present for in camera review identifying information, medical and psychotherapeutic files and DSS files with respect to the ‘indictment children’….

“In apparent compliance with Judge Tillery’s order… the State turned over a box of files to the trial court, Judge (Marsh) McLelland presiding. The box contained, inter alia, complete medical notes and therapy notes on the 29 indictment children, 12 of whom testified at defendant’s trial and 17 of whom did not….

“After trial, defendant’s appellate counsel went to the Office of the Clerk of Court for Pitt County to view the exhibits. He opened several boxes containing trial exhibits, none of which were sealed. One of the boxes contained 29 files labeled with the names of the indictment children…. Defendant argues that the files contained undisclosed information that would have been material to the defense.”

To wit, the withheld files were bulging with exculpation – conflicting claims, evidence of hysteria, eyewitness testimony that nothing happened.

Prosecutors H.P. Williams Jr., Bill Hart and Nancy Lamb walked away rebuked by the Appeals Court but otherwise unpenalized. How differently might the Little Rascals case have unfolded had they known their recklessness wouldn’t be shielded by prosecutorial immunity?