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)

July 20, 2012

… Little Rascals parents were caught up in a frenzy of panic and misinformation.

… Ill-prepared therapists served prosecutors, not their patients.

… In their zeal for convictions, prosecutors behaved cruelly and unethically.

… 20th century North Carolina never saw a more sweeping injustice.

… Bob and Betsy Kelly, Dawn Wilson, Shelley Stone, Robin Byrum, Darlene Harris and Scott Privott deserve full and unequivocal exoneration.

Dec. 30, 2011

“As the May 2 (2006) Democratic primary nears, (Duke lacrosse prosecutor Mike) Nifong has gotten an earful from his two opponents….

“ ‘I feel for him; no matter what he does, he can’t win,’ said Elizabeth City lawyer H.P. Williams, a former district attorney for 16 years who in the early 1990s prosecuted the high-profile sexual abuse case against the owner of the Little Rascals Day Care…

“ ‘I felt as a prosecutor that anything I didn’t say, I didn’t have to take back. So it all goes back to my No. 1 philosophy: “You have the right to remain silent.” ’ ”

–  H.P. Williams, sharing with Mike Nifong his “No. 1 philosophy”
(The Charlotte Observer, April 17, 2006)

Whatever the shortcomings of the Little Rascals prosecutors, excessive openness wasn’t among them. In fact, their entire case depended on withholding any verbatim record of how therapists extracted accusations from the supposed child-victims.

Williams most recently called on his right to remain silent when I asked whether he might have changed his mind about the defendants’ guilt.

Dec. 10, 2017

“Controversy over the credibility of children’s testimony has congealed into a debate between those who demand that we ‘believe the children’ no matter how outlandish their allegations and those who maintain that children are inherently so suggestible that their testimony can never be relied on upon. An interesting question that remains is why children are not believed when, as often happens, they specifically deny charges at the time they first arise….

“Why isn’t the child allowed to say no? A widening body of research shows that repeated questioning of children, especially by authoritative adults with a specific bias, will often lead to answers that conform to the interviewers’ expectations….

“Divorce, neglect, unsafe neighborhoods, bad schools – these primary social problems are not the fault of the people to whom we have entrusted our children. Forcing children to invent stories of abuse is abuse….”

– From “Child-care Demons” by Lawrence Wright in The New Yorker (Oct. 3, 1994)