Jan. 11, 2015

Before he turned back a challenge from Little Rascals prosecutor Nancy Lamb, incumbent District Attorney Andrew Womble had given me an inkling of hope he might consider revisiting the case.

This is from a letter I sent him on Sept. 11:

“In your Q&A with the Outer Banks Voice… you recalled ‘a pervasive mindset that the job of the district attorney was to prosecute all cases and to gain convictions. The Duke lacrosse case sort of changed that in my mind; the role of the district attorney is to seek justice.’

“Your thoughtful response leads me to ask how in retrospect you view the prosecution of Bob Kelly, Dawn Wilson and the rest of the Edenton Seven. Is Little Rascals a case  you would have chosen to take to court, much less extend over eight years?

“Johnson Britt, Robeson County DA, recently disavowed the state’s allegations against two defendants cleared by DNA testing. In addition to the North Carolina Court of Appeals’ robust overturning of the verdicts against Kelly and Wilson, a quarter-century of medical and social science research has made ever more clear the innocence of the Edenton Seven….

“As district attorney, would you be willing to voice your own unofficial exoneration of the defendants in the First District’s most notorious prosecution?”

When Womble didn’t respond, I turned to Holly Koerber-Audette, his campaign consultant. Two weeks before the election she offered encouragement: “I am more than happy to talk to him about your request.  I have followed the case and your excellent efforts for a long time now…. You have my word, I will discuss it with him.”

My several follow-up emails have gone unanswered. Whatever the DA’s response, I’d be glad to see it.

March 23, 2012

“A given professional must undertake either a forensic examination or therapy, not both, with any given child.

“The roles of forensic evaluator and ongoing therapist are different. The forensic evaluator must not become an advocate for the child, a role often difficult to avoid when one is an ongoing therapist.

“For this reason the American Psychological Association’s Guidelines for Psychological Evaluations in Child Protection Matters (1999) holds, ‘Psychologists generally do not conduct psychological evaluations in child protection matters in which they serve in a therapeutic role for the child or the immediate family or have had other involvement that may compromise
their objectivity.’ ”

– From “A Behavior Analytic Look at Contemporary Issues in the Assessment of Child
Sexual Abuse” by W. Joseph Wyatt in The Behavior Analyst Today (March 22, 2007)

By serving enthusiastically as agents of the prosecution, Betty Robertson, Judy Abbott, Susan Childers and Michele Zimmerman not only ignored that crucial ethical distinction, but also fostered psychological havoc where there had been none.

Nov. 28, 2011

“The Little Rascals case offers a trove of testimony illustrating how immersion into the popular psychology of sexual abuse gave parent-experts the terms and concepts to retrospectively interpret their children’s behaviors and emotions, and to do so with the ring of authority….

“One mother testified that once she had learned the psychology of sexual abuse, she realized her child’s denial that anything untoward had happened at the day care center actually was a sign that he had been sexually abused.”

– From “The Day Care Ritual Abuse Moral Panic” by Mary De Young (2004)

Feb. 9, 2018

“Both prosecution and defense [in a trial in Palo Alto, Calif.] called expert witnesses to testify to ‘child sexual-abuse accommodation syndrome’….

“Roland Summit, a southern California psychiatrist, coined the term in 1983. He defined the syndrome through five categories: secrecy, helplessness; entrapment and accommodation; delayed, unconvincing disclosure; and retraction. The categories describe how victims often do not resist the abuse because of power dynamics in the relationship with an adult, often delay disclosing the abuse and may change their stories due to pressure or guilt….

“Blake Carmichael, a clinical psychologist at the University of California, Davis, testified for the prosecution that child sexual-abuse accommodation syndrome is not a diagnosis but rather a set of concepts that provide context for a child’s experience of sexual abuse. He testified that research supports Summit’s original claims.

“By contrast, William O’Donohue, a clinical psychologist at the University of Nevada, Reno, testified for the defense that Summit’s paper is ‘junk science’.

“O’Donohue co-authored a literature review of Summit’s work that determined the syndrome is not a scientific theory grounded in research. O’Donohue noted that a second article Summit published in the 1990s described child sexual-abuse accommodation syndrome as his ‘clinical opinion’ and a ‘pattern’ rather than a diagnosable condition.”

– From “Former teacher denies sex-abuse allegations” by Elena Kadvany in Palo Alto Weekly (Feb. 7)

So here we are, 35 years after Roland Summit fanned the flames in the McMartin Preschool case, and prosecutors are still using his cockamamie conceit to win over jurors. It’s not just on the internet that no bad idea ever dies….