Sept. 16, 2013

“The prosecution-minded are careful to say that they do not believe everything a child says. For example, they do not believe 3-year-old Virginia’s statement that ‘Karen was cooked in a microwave.’

“But they do believe her when she says, ‘I helped my teacher put a playhandle in Karen’s heinie’ – even though one 3-year-old sodomizing another with a ‘playhandle’ an inch or 2 wide and not causing bleeding from a torn rectum is as unbelievable as cooking a child in a microwave.

“Accepting half a child’s statement and rejecting the other (death by microwave) is capricious: The truth is not a smorgasbord from which we can choose the facts we fancy and leave behind those we do not.”

– From “Magical Child Molestation Trials: Edenton’s Children Accuse” by Margaret Leong (1993)

Dec. 28, 2016

“The problem of juror pressure on a dissenting juror has long been known by defense attorneys and prosecutors.

“In a National Center for State Courts project on hung juries, researchers surveyed 367 unanimous decisions…. In nearly 40 percent of the cases at least one juror [disagreed] but went along with the majority and made the verdict unanimous….

“Research shows that dissenting jurors often go along not because they are convinced about points of evidence but because they bow to ‘normative pressure’: A lone holdout is under relentless and harsh pressure from other jurors to knuckle under. The pressure from the push for speed, the verbal battering and the threat of ostracism is virtually impossible to resist.

“The problem is made worse [in cases] when it’s impossible for a dissenting juror to say with absolute certainty whether the position of the majority is the right one and when the verdict could do horrible legal damage….”

– From “Why Zimmerman Juror B29 Believed in His Guilt But Still Voted to Acquit” by Earl Ofari Hutchinson on the Huffington Post (July 28, 2013)

Bob Kelly’s jury serves as a sad example of the contaminated chemistry of verdict making.

Jan. 2, 2012

Next to “Why are you doing this?” the question I’m most often asked about Little Rascals is, “Since the trial, what has happened with the kids?”

For those alleged child-victims who testified in day-care abuse cases, the need to forget, to deny and to stay silent must be strong indeed. Who wants to believe they were so misused by their parents, not to mention by therapists and prosecutors? Who can look unblinkingly at the grotesque truth and take it public? For many, given the well-documented power of suggestibility, it may simply be impossible.

One exception was Kyle Zirpolo, who came forward in 2005 to apologize for his role in the McMartin pre-school case.

Last week, on the chance that an Edenton child might be ready to break ranks, I took out classified ads in the daily Elizabeth City Advance and the weekly Chowan Herald with this message:

“If you were a child or parent involved in the Little Rascals Day Care case of the early 1990s, I’d like to hear from you….”

Thursday night I received a call from a woman who credibly identified herself as one of those children. She wouldn’t give her name. She is 26 now, no longer living in Edenton, and she was not happy to see the ad. I felt obliged to tell her at the outset that I considered the defendants wrongly accused. Here’s an edited version of her response:

“It’s sad that you and others believe that. Here it is almost 2012, and I’m still opening up the paper and seeing crap like this (ad). It’s either that, or another bullshit book about our ‘witch hunt.’ And I know they study us and McMartin and Fells Acres in different colleges.

“I’m haunted every single day, and I always will be, so long as those bastards are out there, getting to go about their business. I have a lot of emotions – hypervigilance, anger that I had to go through all that badgering (by the defense). My husband put away my files on the case because it bothered me so much.

“I remember vividly what happened, and I’ve told therapists. You believe a dozen little kids just got together and made up lies? There was physical evidence, things they couldn’t put on TV.  The whole situation was just crap.”

Before we hung up, she said she would consider sending me case materials that I would find persuasive. I appreciate her call and hope to hear from her again.

April 28, 2017

“There is this idea that people of the 1980s were just not very bright or really superstitious or something like that. Back then, the people who questioned it were treated with suspicion. People would say, ‘Of course this is happening, what’s wrong with you?’ And it’s not like this is an anomaly in American history. In the ’50s, Commies were crawling out of the basement. This stuff goes back to Salem witch trials…

“The ritual abuse thing also became part of psychological culture. This idea that children don’t lie about these things became really entrenched for a while….

“It was a way to talk about actual abuse, I think. At the time, the idea that childhood abuse was mostly perpetrated by family members was too outrageous, too awful. People would rather believe that it was evil, Satan-worshipping strangers.”

– Dan Chaon, author of “Ill Will,” quoted by Joe Gross in the Austin American-Statesman

Early on, Chaon’s interest in writing a novel centered on “satanic ritual abuse” was piqued by the West Memphis Three.