July 15, 2016

“When you once believed something that now strikes you as absurd, even unhinged, it can be almost impossible to summon that feeling of credulity again. Maybe that is why it is easier for most of us to forget, rather than to try and explain, the Satanic-abuse scare that gripped this country in the early ’80s – the myth that Devil-worshipers had set up shop in our day-care centers, where their clever adepts were raping and sodomizing children, practicing ritual sacrifice, shedding their clothes, drinking blood and eating feces, all unnoticed by parents, neighbors and the authorities….”

– From “The Devil in The Nursery” by Margaret Talbot in The New York Times (Jan. 7, 2001)

June 12, 2013

“We received only one call, from a gentleman in Massachusetts, and he said he felt sorry for the whole community and wished us well. It was business as usual, except for all the damn reporters.

“I don’t see why this thing has to be tried again. It’s been through the judicial system, and I just don’t know what ‘Frontline’s’ agenda is.

“The town is not divided or in turmoil or any of that stuff they’re saying about it.”

– Edenton Town Manager Anne Marie Kelly (no relation to Bob Kelly), reacting to “Innocence Lost: The Verdict” (as quoted in “Sex-case documentary stirs up Edenton again,” News & Observer, July 22, 1993)

June 29, 2016

“Compensation is intended in part as a deterrent: a municipality that has to pay heavily for police or prosecutorial misconduct ought to be less likely to allow it to happen again. But it is taxpayers, not police or prosecutors, who bear the costs of litigation and compensation. Prosecutors enjoy almost total immunity in cases of misconduct, even if they deliberately withhold exculpatory evidence from a jury. A 2011 Supreme Court ruling also made it virtually impossible to sue a prosecutor’s office for such violations….”

– From “The Price of a Life: What’s the right way to compensate someone for decades of lost freedom?” by Ariel Levy in the New Yorker (April 13, 2015)

To “deliberately withhold exculpatory evidence” seems all too neatly illustrated in Bob Kelly’s trial. Here’s how the North Carolina Court of Appeals described the prosecution’s actions:

“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 (Marsh) 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…. Defendant argues that the files contained undisclosed information that would have been material to the defense.”

To wit, the withheld files were bulging with exculpation – conflicting claims, evidence of hysteria, eyewitness testimony that nothing happened.

Prosecutors H.P. Williams Jr., Bill Hart and Nancy Lamb walked away rebuked by the Appeals Court but otherwise unpenalized. How differently might the Little Rascals case have unfolded had they known their recklessness wouldn’t be shielded by prosecutorial immunity?

Jan. 23, 2013

“Ritual sex abuse is back. Recently (in 2003) I heard that a conference on the topic was being held for psychotherapists.

“It was planned not to critique a nasty period in the annals of American hysteria but rather so that attendees could learn to ask patients if they’ve ever been raped in day care by secret devil worshipers.

“This stuff was debunked in the 1990s as a type of urban myth. Yet it keeps cropping up, complete with pseudo-scientific theories about the psychology of so-called victims – theories that likewise refuse to die.

“One such theory is that children who are molested often grow up to deny that the crime ever happened. Many do so, the theory holds, because people commonly repress or dissociate from memories of horrific trauma – particularly sex abuse.

“This idea has been repeatedly discredited by research psychologists. But… in pop culture and among many child-protection workers, it’s still de rigueur to think that a child who was fondled or raped is at risk of burying the memory.”

– From “The Exorcists” by Debbie Nathan in the Washington Post (May 4, 2003)