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….


 

A familiar story of day-care sex abuse – too familiar?

141016YoungOct. 16, 2014

“A 38-year-old man from Statesville has been accused of molesting children as young as 3 years old at the day care where he worked in the 1990s….

“Police said a girl came to them in 1999 and said (Joshua Maurice) Young had molested her at the day care between 1994 and 1995, when she was 3 years old. The alleged assaults happened in a part of the building away from the other children….

“The Statesville Police Department investigated then, according to Capt. David Onley… but no charges were filed….

“In June of this year, another alleged victim came forward, Onley said. This one said she was molested by Young at the day care between 1995 and 1997. The earliest incidents happened when she was 3, she said.

“ ‘We had a female tell us exactly the same story – same place, same details as (the first) one,’ Onley said. ‘It gave validity to that (first) one. And then we had to go track down that first victim.’ ”

– From “Day care worker accused of sexually assaulting 3-year-olds in 1990s” by Cleve R. Wootson Jr. in the Charlotte Observer (Oct. 15)

Is Joshua Maurice Young guilty as charged? I have no idea. But given the history of day-care sex abuse prosecutions, the case against him certainly warrants a skepticism by police not indicated in this account.

‘Juvenile renderings of grownups’ anxieties’

April 16, 2012

“At the beginning of each ritual-abuse case, the children had been eminently reliable, but what they communicated was that they had not been molested by satanists. Indeed, it was only after an investigation started, after intense and relentless insistence by adults, that youngsters produced criminal charges.

“By then, their utterances had nothing to do with their own feelings or experiences. Rather, what came from the mouths of babes were juvenile renderings of grownups’ anxieties.”

– From “Satan’s Silence: Ritual Abuse and the Making of a  Modern American
Witch Hunt” by Debbie Nathan and Michael Snedeker (1995)

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.

Court cracks door – can Junior fit through it?

120123ChandlerAug. 15, 2012

The North Carolina Supreme Court won’t release its next batch of opinions until August 24, but its recent decision on a 2009 child sex abuse case could augur well for Junior Chandler.

On June 14 the court upheld the North Carolina Court of Appeals’ overturning of Patrick Loren Towe’s conviction in Surry County. Here’s the crucial part of the opinion:

“Under the North Carolina Rules of Evidence, a qualified expert may testify as to her opinion in her field of expertise if the testimony will assist the jury in understanding the evidence. An expert may not, however, testify as to the witness’s credibility or state that she believes the defendant is guilty.

“In sexual abuse cases involving child victims, an expert may not testify that sexual abuse has occurred without physical evidence supporting her opinion. An expert may not testify that the child has been ‘sexually abused’ if the testimony is based solely on the interview with the child-victim.”

In Patrick Towe’s case, only one expert witness so testified – in Junior Chandler’s it was six.

Without such a parade of “expert vouching,” Junior surely would have spent the past 25 years back home in Madison County instead of behind bars. How can the North Carolina Supreme Court now fail to acknowledge this?