Feb. 10, 2012

“(The scene of children screaming invective at a prison-bound Bob Kelly) was… the graphic heart of the documentary….

“The car pulled away, and they began to giggle self-consciously. A second or two of awkward silence heightened the artificiality of the moment, the sense of a construct that the girls fully understood. Then an older woman (presumably a mother) moved into the silence, and began to clap and cheer. A few others joined in in desultory fashion. ‘Let’s go get something (to) eat,’ said the mom….

“By chance, I had just finished reading ‘The Professor,’ a minor novel of Charlotte Bronte’s. Like most Bronte novels it was laced with leisurely reflections, and this one struck me powerfully enough to note down: ‘Human beings – human children especially – seldom deny themselves the pleasure of exercising a power which they are conscious of possessing, even though that power consists only in a capacity to make others wretched.’

“As those children shrieked at Bob Kelly through the glass of the police car window, I wondered if there wasn’t more than a whiff of that pleasure in power in the air.

“And then I remembered this town is called Eden, and we’ve known for a long while that the darnedest things happened in Eden.”

May 22, 2013

“One of the biggest strengths for the prosecution was that these children would go home every night to a parent or parents fully aligned with the prosecution theory. The story line would be reinforced at dinner, bathtime, playtime, bedtime….

“The children were, of course, separated from further contact with the accused day care workers, and by the time of trial their young memories of the actual person had been replaced by the fictional person, if they could remember who the perpetrators were supposed to be at all.

“At one point, a Little Rascals child pointed to a picture of the sheriff as one of the defendants; this identification, of course, was selectively ignored.”

– From “The Metanarrative of Suspicion in Late Twentieth-Century America” by Sandra Baringer (2004)

Edenton’s mayor was also among the initially accused, who numbered either 20, 24 or “dozens,” depending on the source. The inevitable question: How did prosecutors come to choose the Edenton Seven? Who lucked out – and why?

June 11, 2012

After discovering the National Registry of Exonerations, I was happy to see that it lists Little Rascals defendants Bob Kelly and Dawn Wilson, whose convictions were overturned on appeal.

But what about Betsy Kelly and Scott Privott, who both finally accepted plea deals while maintaining their innocence, and Robin Byrum, Darlene Harris and Shelley Stone, all of whom waited years for prosecutors to drop charges?

The registry, a joint project of the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University, speaks unequivocally about “a wave of child sex abuse hysteria that swept the country….

“Starting in the early 1980s, some prosecutors, therapists and child welfare workers became
convinced that child sex abuse on a massive scale was rampant in their communities. They
believed that most of the victims were too afraid or embarrassed to discuss the abuse, so they
worked to overcome this fear and reluctance by using highly suggestive, persistent and
unrelenting questioning techniques when interviewing the young children.

“It worked. Some of the children complied and accused parents, day-care workers and adult acquaintances of numerous horrifying and bizarre acts. This led to a series of extraordinary prosecutions, many involving allegations of satanic rituals.”

Unfortunately, this acknowledgment of the moral panic doesn’t earn the remaining “Edenton 5” a listing in the registry. Here’s why, according to research assistant Ted Koehler:

“For a case to count as an exoneration for our purposes, a person convicted of a crime must be declared factually innocent by a government official or organization with authority to make such a declaration.

“If this has not happened, a person can still be exonerated if the person was relieved of all consequences of the criminal conviction by a government official with proper authority, through pardon, acquittal of the charges for which the person was originally convicted, or dismissal of those same charges. In such a case, the pardon, acquittal, dismissal or posthumous exoneration must have been the result, at least in part, of evidence of innocence that either (i) was not presented at the trial at which the person was convicted; or (ii) if the person pled guilty, was not known to the defendant or to the defense attorney and the court at the time the plea was entered.

“The Edenton case was a terrible witch hunt. Regretfully, though, because they do not meet the criteria above, Kelly’s and Privott’s guilty pleas and the dropped charges against Byrum, Stone, and Harris do not fit our definition of an exoneration, and are not listed on the registry for that reason.”

I understand the registry’s need to set the bar so high. But what a curious twist that the defendants’ only hope for exoneration lies with the same state that so unjustly prosecuted them.

May 16, 2014

Exhibit A:

“Last year at a state solicitors’ convention in Myrtle Beach, (South Carolina State Supreme Court Justice Donald Beatty) cautioned that prosecutors in the state have been ‘getting away with too much for too long.’ He added, ‘The court will no longer overlook unethical conduct, such as witness tampering, selective and retaliatory prosecutions, perjury and suppression of evidence. You better follow the rules or we are coming after you and will make an example. The pendulum has been swinging in the wrong direction for too long and now it’s going in the other direction. Your bar licenses will be in jeopardy. We will take your license’….

“If most prosecutors are following the rules, you’d think they’d have little to fear, and in fact would want their rogue colleagues identified and sanctioned….The state’s prosecutors didn’t see it that way….

“At least 13 of the head prosecutors in the state’s 16 judicial districts, along with South Carolina Attorney General Alan Wilson, are asking for Beatty to be recused from criminal cases. This would presumably end his career as a state supreme court justice….”

– From “Judge says prosecutors should follow the law. Prosecutors revolt.” by Radley Balko in the Washington Post (March 7)

Exhibit B:

“….Decades of studies show eyewitness testimony is only right about half the time – a reality that has prompted a small vanguard of police chiefs, courts and lawmakers to toughen laws governing the handling of eyewitnesses and their accounts of crimes….

“Prosecutors, however, have opposed the efforts, arguing that the changes erode their powers, even as studies have shown that eyewitnesses are about half as likely to choose the correct suspect out of a lineup as they are to choose some combination of the innocent fillers or no suspect at all when the correct one is present. The reexamination of eyewitness testimony comes at a time when technology and other forensic analysis are being given greater weight….”

– From “Eyewitness Testimony No Longer A Gold Standard” by Nigel Duara of the Associated Press (April 19, 2014)

TV prosecutor Jack McCoy suffered his own ethical dark nights of the soul, but I can’t imagine him finding much in common with such miscreants as these.