Rascals case in brief

In the beginning, in 1989, more than 90 children at the Little Rascals Day Care Center in Edenton, North Carolina, accused a total of 20 adults with 429 instances of sexual abuse over a three-year period. It may have all begun with one parent’s complaint about punishment given her child.

Among the alleged perpetrators: the sheriff and mayor. But prosecutors would charge only Robin Byrum, Darlene Harris, Elizabeth “Betsy” Kelly, Robert “Bob” Kelly, Willard Scott Privott, Shelley Stone and Dawn Wilson – the Edenton 7.

Along with sodomy and beatings, allegations included a baby killed with a handgun, a child being hung upside down from a tree and being set on fire and countless other fantastic incidents involving spaceships, hot air balloons, pirate ships and trained sharks.

By the time prosecutors dropped the last charges in 1997, Little Rascals had become North Carolina’s longest and most costly criminal trial. Prosecutors kept defendants jailed in hopes at least one would turn against their supposed co-conspirators. Remarkably, none did. Another shameful record: Five defendants had to wait longer to face their accusers in court than anyone else in North Carolina history.

Between 1991 and 1997, Ofra Bikel produced three extraordinary episodes on the Little Rascals case for the PBS series “Frontline.” Although “Innocence Lost” did not deter prosecutors, it exposed their tactics and fostered nationwide skepticism and dismay.

With each passing year, the absurdity of the Little Rascals charges has become more obvious. But no admission of error has ever come from prosecutors, police, interviewers or parents. This site is devoted to the issues raised by this case.

 

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This Facebook page is an offshoot of littlerascalsdaycarecase.org, which addresses the wrongful prosecution of the Edenton Seven and other such victims.

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Today’s random selection from the Little Rascals Day Care archives….


 

Catholic clergy abuse scandal unrelated to day-care cases

151118FriendNov. 18, 2015

“Readers who want a deeper look at how young children’s accounts of CSA (child sexual abuse) were discredited in the same time frame of the (Roman Catholic) clergy CSA scandal should read Ross Cheit’s 2014 book ‘Witch-Hunt Narrative: Politics, Psychology and the Sexual Abuse of Children’….

– From “ ‘Spotlight’ Gets A Lot Right” by Colleen Friend in the Chronicle of Social Change (Nov. 15)

Whoa.

The clergy sex abuse scandal at the center of the just-released newsroom drama “Spotlight” had nothing to do with the “satanic ritual abuse” moral panic so earnestly if unpersuasively denied by Professor Cheit.

Clergy abuse was all too real, and the evidence proved undeniable; abuse in day cares was a fantasy produced by undertrained and overreaching therapists. Tragically, the children’s accounts that were “discredited” were their original denials that they had experienced abuse.

Worth noting: Dr. Friend is former director of Stuart House in Santa Monica, Calif., a child abuse treatment center opened to accommodate the tidal wave of (mostly imaginary) abuse cases spawned by McMartin.

DA acknowledges junk science in arson conviction

Ken Thompson
Ken Thompson

Dec. 17, 2015

“Three men convicted of murder by arson for a 1980 fire in Brooklyn (were) exonerated on Wednesday….

“What carried the three men into prison was not reliable evidence of an intentionally set blaze, but rather an arson investigation that was more like shamanism than science, rooted in hunches and folklore and disconnected from the dynamics of actual fires. Like the comparisons of bite marks, hair and handwriting, it was a forensic practice that had the authority of white-coat laboratory science but virtually none of its rigor….”

– From “Between Guilt and Innocence, an Evolution in Fire Science
by Jim Dwyer in the New York Times (Dec. 16)

Hats off to District Attorney Ken Thompson, who moved to vacate the three convictions, citing “circumstantial evidence, outdated science and the testimony of a single, wholly unreliable witness….”

Columnist Dwyer is reminded of a statue at the University of Pennsylvania Law School depicting a mythological Chinese beast believed to have the ability to tell the guilty from the innocent by butting them. Inscribed on its base: “Slow and painful has been man’s progress from magic to law.”

“Slow and painful” indeed. Ask Junior Chandler, who has been imprisoned since April 17, 1987, for committing the magical crime of “satanic ritual abuse.”

Convictions overturned, judge angrily exited

140705McLellandJuly 5, 2014

“The Burlington judge who has presided over the the Little Rascals Day Care Center case since 1990 resigned in disgust the day after the state Supreme Court refused to review (the overturning of) two convictions.

“D. Marsh McLelland, a retired Superior Court judge, said in a letter dated Sept. 8 that the court’s refusal to review the cases ‘is legally and morally reprehensible.’

“McLelland’s letter to Chief Justice Burley Mitchell said the refusal to review a Court of Appeals order for a new trial raised the term technicality to new heights….”

– From “Judge quits Little Rascals case” from the Associated Press (Sept. 22, 1995)

I imagine that the “technicality” comment was from a direct quote, although I haven’t been able to find either McLelland’s original letter or a more substantial account. It’s no wonder he felt humiliated – the Court of Appeals decision had laid bare his indifference to the rights of the defendants.

Regardless, McLelland’s resignation proved irrelevant, as prosecutors decided not to retry Bob Kelly and Dawn Wilson.

Did jurors really believe ‘poop in the spaghetti’?

Jan. 25, 2015

Q:  You said that Mr. Bob made spaghetti at the day care…. Now, when did Mr. Bob say that there was poop in the spaghetti?

A:  After we, um, ate it.

Q:  All right. Did – did you ever have to eat poop at the day care?

A:  No.

Q:  Okay. Did anybody try and make you eat poop at the day care?

A:  Yes.

Q: Who?

A:  Mr. Bob.

Q:  Tell me about it.

A:  I don’t remember it.

Q:  You don’t remember it?

A:  No.

Q:  Well, how do you know Mr. Bob tried to do it?

A:  What?

Q:  Did somebody tell you about it?

A:  No.

Q:  Okay. Well, then tell me how Mr. Bob tried to make you eat poop.

A:  Um, he told me, um, to eat it.

Q:  Okay. Where was it?

A:  I forgot.

Q:  You forgot. Well, was it in Ms. Shelly’s room?

A:  No.

Q:  Was it in the kitchen?

A:  Yes.

Q:  Okay. Well, did he make other kids eat poop while you were there?

A:  Yes.

Q:  Okay. Well, um, what happened when they ate it?

A:  I don’t know.

– From defense attorney Jeffrey Miller’s cross-examination of a child witness in the trial of Bob Kelly

This exchange represents only a tiny fraction of the 7-year-old girl’s testimony, which stretched over two days and included similarly incoherent references to Kelly and other defendants having raped her, urinated in her mouth, threatened to kill her parents, sodomized her with pencils and sewing needles, taken her on boat and truck rides, forced her to witness the killing and burial of babies and small animals…..

How funny and trivial such childish imaginings would seem, if only the jury’s gullibility hadn’t sent Kelly to prison for six years. “The children were convincing,” insisted rogue juror Dennis T. Ray.