Nov. 26, 2019

I’ve previously cited here and here Elle magazine’s deeply reported 1993 article on the Little Rascals case. You can read it here.

But I had somehow overlooked this response to Greensboro journalists Edward Cone and Lisa Scheer from assistant attorney general Bill Hart. It has not aged well.

Dear Ed and Lisa,

I have read your recent article in Elle Magazine, “The Demons of Edenton.”

I found it interesting that you chose to leave out the fact that Chris Bean, now a District Court Judge, had initially represented Bob Kelly as his lawyer, until he found out that his son had been abused.

I also found it interesting that you chose not to include the fact that Bob Kelly’s jury had the full benefit of the experience, knowledge, and wisdom of both Maggie Bruck and William Kenner through their testimony at his trial.

Notably absent from your article was any balancing psychological viewpoint to the Bruck/Kenner/Ofshe propaganda. You had access to the testimony of Mark Everson, a psychologist who testified for the state at Bob Kelly’s trial, but did not quote him. You criticized Roland Summit, but did not quote him….

Sincerely,
William P. Hart
Special Deputy Attorney General

I won’t use this post to address all of Hart’s claims, but….

– Chris Bean’s role in the case, far from being culpatory for Bob Kelly, actually provoked stinging criticism from the North Carolina Court of Appeals. “This boils down to the most fundamental questions of fairness,” Judge Gerald Arnold said. “When you have an attorney testifying that ‘I was Mr. Kelly’s attorney and I believed in him very strongly until I learned the truth, that is to say that he’s guilty, and then I was shattered.’ How can there be more prejudicial, stronger evidence put before a jury than to have a former attorney, the defendant’s attorney say that?” Further, Bean was among those parents whom prosecutors inappropriately but persuasively presented as de facto experts on child psychology.

– Mark Everson, UNC psychologist, was tragically influential with a “coherent package” of misconceptions he clung to long after they had been exposed by updated research. And of course there’s his jaw-dropping “where there’s smoke there’s fire” argument….

– Los Angeles psychiatrist Roland Summit, a key player in the McMartin Preschool trial, tried too late to shed responsibility for the many defendants wrongfully convicted by his “child sexual abuse syndrome” theory.

Bill Hart’s letter didn’t mention it, but I have to wonder whether this was the Elle passage that actually got under his skin most annoyingly:

“[Hart] is emotionally involved in the Little Rascals case to a startling degree. Last year he married Patricia Kephart, the mother of a Little Rascals child, who Hart had become romantically involved with during his prosecution of the case. ‘If anything it’s made it more difficult on me,’ he says of his entanglement in the investigation.”

There are huge and obvious problems with Hart’s behavior, but his “difficult” personal consequences don’t rank high on the list.

Aug. 22, 2012

“They would have had to experience this or seen this. I know that for a fact. I know they didn’t make it up. I mean, I’m an intelligent person….

“I feel very sure in my heart and in my mind that this happened…. but not with Mr. Bob and not at the day care.”

– Betsy Kelly, demonstrating (in an interview taped by Officer Brenda Toppin, March 16, 1989) the pervasiveness of the impulse to “Believe the Children”

Sept. 25, 2013

“Peer group pressure… is a factor that should be considered when there is an allegation of sexual abuse involving multiple victims. Children in Edenton who never attended the day care, but who had peers who attended, claimed to have been abused at the day care.

“During her testimony for the defense, Dr. Maggie Bruck described a scientific study in which two actors went into a classroom of 28 children to give a talk. During the talk one of the actors knocked a large birthday cake off a piano. Seven children had been removed from the room and did not observe the event. Later when the children were interviewed six of the seven children who had not been present not only claimed to have been there but described the event as if they had been present.”

– From “Evidence Issues and ‘Lessons’ from State v. Kelly: Litigation of Allegations of Child Sexual Abuse” by Jeffrey L. Miller and W. Michael Spivey, presented at the 6th annual North Carolina Criminal Evidence Seminar, UNC School of Law (April 16, 1993)

Dec. 14, 2011

Among the leaders of the Committee for Support of the Edenton Seven was Doug Wiik, whose own Breezy Point Day School in Bucks County, Pennsylvania, had just been cleared of similar abuse accusations. I asked him to compare the two cases.

“I remember that Barbara Fleischman, a dear friend who had moved to North Carolina from Bucks County, called to let me know that the child abuse contagion had reared its head in Edenton.

“Having been deeply affected by my personal experience, I felt the need to reach out. I read about Raymond Lawrence’s formation of the Edenton Seven committee, and after several discussions with him and Dee Swain (a fuel dealer in Washington, N.C.) I was truly inspired to do what I could. I was gratified to find individuals who would fight the injustice being perpetrated upon the Kellys.

“The eventual outcome in Little Rascals was the correct one, but the damage done to many individuals was enormous. We all have a list of heroes in our lives, and Bob Kelly and Dawn Wilson certainly were added to mine. Both stood firm in speaking truth to a community that lacked leadership in politics and law enforcement….

“The Edenton case and my own were just two of many produced by the 1980s culture. It happened in Salem 300 years ago, and it will happen again some day.

“So why did my child care business survive, when so many others didn’t?

“We had the exact same claims of horrors perpetrated against children. We had the same media coverage that initially proclaimed ʻChildren don’t lie.ʼ We had the same overzealous child abuse investigators from the county Department of Children and Youth Services. We had the identical mass hysteria.

“But we also had leadership! District Attorney Alan Rubenstein was a seeker of justice, not political gain. He conducted a long, expensive criminal investigation, one that branded the parents’ and children’s claims as false and reckless.

“I’d also be remiss if I didn’t mention my employees and our parent community, who all knew nothing had happened at Breezy Point. They went on camera, wrote letters to editors and participated in several large meetings answering all questions about our school.

“My experience lasted five or six years, caused lots of heartache and did much financial damage. However, Breezy Point Day School still opens at 7 a.m. and closes at 6 p.m. every day and is still filled with several hundred happy children, parents and staff.

“It’s a shame Bob and Betsy Kelly chose Edenton, North Carolina, to open a child care business and not Bucks County, Pennsylvania.”

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Later this week I’ll post excerpts from the DA’s 1990 investigative report, along with a few of his recollections (he’s now a judge).