Aug. 27, 2012

“Prosecutors are the most powerful officials in the criminal justice system. They decide whether criminal charges should be brought and what those charges should be, and they exercise almost boundless discretion in making those decisions. Prosecutors alone decide whether to offer the defendant the option of pleading guilty to reduced charges….

“Equally problematic is that the charging and plea-bargaining decisions are made behind closed doors, and prosecutors are not required to justify or explain these decisions to anyone…. The lack of transparency also leads to misconduct, like the failure to turn over exculpatory evidence – a common occurrence made famous by the prosecutors in the Duke lacrosse and Senator Ted Stevens cases.”

– From “Prosecutors’ Overreaching Goes Unchecked” by Angela J. Davis in the New York Times (Aug. 19)

Prosecutors plea-bargained cruelly though futilely with the Edenton Seven. And while the evidence-withholding in the Duke and Stevens cases may have made bigger headlines, it was no more flagrant than in Little Rascals.

One example from the North Carolina Court of Appeals order overturning Bob Kelly’s conviction (May 2, 1995):

“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 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. Appellate counsel reviewed some of the documents contained in the files before requesting the box to be sealed and transmitted to the Court of Appeals…. Defendant argues that the files contained undisclosed information that would have been material to the defense.”

In fact, the withheld files were bulging with exculpation – conflicting claims, evidence of hysteria, eyewitness testimony that nothing happened. Countless other examples are documented in Bob Kelly’s appeal brief.

Attorney General Mike Easley bridled at the appeals court’s concern over such “small areas… none of which are very significant.” And, after all, as prosecutor Bill Hart had asked smirkingly during the trial, “If you were playing poker, would you be playing with your full hand showing?”

May 14, 2012

Mary De Young’s engrossing bibliography “The Ritual Abuse Controversy” lists page after page of books and journal articles that accept wholeheartedly the existence of an epidemic of ritual abuse in day cares during the ’80s and early ’90s.

Roland Summit, Ann Burgess, Susan Kelley, David Finkelhor, etc., all used their professional credentials to support and spread the panic. But who among them has since acknowledged that it was all baloney? And that it left behind hundreds of profoundly damaged child-witnesses, families and defendants?

When I asked Dr. Finkelhor about the now-discredited foundation of “Nursery Crimes,” he replied that “This was a while ago, and I have not revisited the case. Our research did not conduct any independent review of the evidence, but simply coded the conclusion of the investigator we interviewed. I was neither an authority about the validity of claims at the time or at the present.”

Am I wrong to expect a higher level of professional accountability?

Mostly, by the turn of the latest century the alarmists had simply withdrawn from the arena. Like Dr. Finkelhor, they had moved on to other topics and “not revisited the case.”

One exception is Kathleen Coulborn Faller, professor of children and families in the School of Social Work at the University of Michigan.

In “Understanding and Assessing Child Sexual Maltreatment” (second edition, 2003), Dr. Faller writes, “Though others’ perceptions of the problems of sexual abuse in day care have changed, mine essentially have not.” Minimizing the work of next-generation researchers such as Ceci and Bruck, she cites approvingly such works as Kelley’s “Parental Stress Response to Sexual Abuse and Ritualistic Abuse in Day-Care Centers.”

Might Dr. Faller have changed her mind over the past decade?

Last week I asked her. So far she hasn’t replied.

June 3, 2013

In the aftermath of the McMartin Preschool case in California, the building was razed and the site probed for secret tunnels.

In the aftermath of the Little Rascals Day Care case in Edenton, the building was turned into the East of Eden Spa and Kuttin Up Salon.

Both Nancy Smith Barrow and her daughter have been customers at the spa. “It truly was a strange experience to go back in,” she says.

June 28, 2015

“Today in Edenton members of John A. Holmes High School’s Class of ’73 will walk across a stage in caps and gowns, receive diplomas and turn tassels on their mortar boards  – 20 years late.

“Their graduation ceremony was cancelled abruptly in 1973. A decision not to renew the contract of a black band leader had caused racial unrest, and school officials feared a disruption…. Diplomas were mailed to the 142 graduates….

“One member who doesn’t plan to attend is Elizabeth Twiddy Kelly…. A condition of her ($400,000) bond prohibits her from going to her hometown.

“ ‘There are a lot of them I would love to just touch base with, but that will have to happen another year,’ Mrs. Kelly said.

“The class committee plans to send her a class T-shirt and a letter.”

– From “Class of ’73” by the Associated Press (June 12, 1993) 

Seven months later Betsy Kelly pleaded no contest to charges of child sex abuse, while maintaining her innocence, and accepted a sentence of seven years in prison. She was paroled in November 1994.