Nov. 2, 2011

Post on hidden mysteries.org (1995):

“Aside from the children and their parents, others are deeply disappointed by the N.C. Supreme Court’s decision not to (overturn) the reversals by the Court of Appeals.

“Superior Court Judge Marsh McLelland, who heard the Little Rascals case the first time, wrote in a letter to the Chief Justice of the Supreme Court: ‘Your refusal to review the Kelly and Wilson reversals by the Court of Appeals is legally and morally reprehensible.’

“Once more, the Edenton children find themselves as much on trial as their alleged perpetrators, if not more so.”

ANN EARLE

Letter to the editor of the News & Observer of Raleigh (May 16, 1996):

“As a psychotherapist who treats many child victims and adult survivors of sexual and ritual abuse… I am incredulous that so many people support Robert F. Kelly….

“There is ample historical and anthropological evidence that ritual abuse has existed for centuries…. Unfortunately, day care centers are optimal settings for such perpetrators.

“If there is indeed a ‘witch hunt’ going on, it’s actually aimed at abused children and those who advocate for them.”

ANN EARLE, C.C.S.W., B.C.D.

Chapel Hill

Letter to the editor of the News & Observer of Raleigh (June 4, 1997):

“Investigators should not ask leading questions, of course, but even if they did it is difficult to imagine how a young child could come up with graphic details of sexual activity if nothing happened. Child sexual abusers and pornographers routinely incorporate fantasy to entice children to cooperate and render them less believable if the child ever tells.

“Why are journalists so quick to believe alleged abusers and discount sexual abuse allegations by children?”

ANN S. EARLE

Chapel Hill

Letter to the editor of the News & Observer of Raleigh (January 15, 1999):

“In reality, false allegations of sexual abuse by preschool children are rare.

“I have spent three years researching and editing a book on ritual abuse allegations. Ample evidence supports the existence of such abuse in day care centers, in spite of how bizarre it may sound.

“Robert Kelly was found guilty by a jury of his peers in a lengthy trial. This verdict was overturned only on a technicality.

“Finally, there is obviously significant evidence to charge Kelly in a case unrelated to Little Rascals (charges dropped eight months later). We should consider these facts before concluding that the alleged abuses at Little Rascals were due to a ‘hysteria’ fueled by a ‘rumor mill.’ ”

ANN EARLE, C.C.S.W., B.C.D.

Chapel Hill

As these comments suggest, certainty in the pervasiveness of ritual abuse extended well beyond those therapists directly involved in the Little Rascals case.

Did Ann Earle, a board member of the International Council on Cultism and Ritual Trauma, ever change her mind? If so, she seems not to have shared the news.

Sept. 30, 2013

Death noted: District Attorney Frank Parrish, 64, who succeeded H. P. Williams Jr. in prosecuting the Edenton Seven.

By the time Parrish took office in 1994, Little Rascals had become almost entirely a Nancy Lamb production. Whatever Parrish actually believed, the prosecutors’ code demanded that he continue to insist that the case was concrete-solid.

But as a growing body of scientific evidence called into question the testimony of child witnesses in ritual-abuse cases, Parrish had to decide how to respond to the overturning of the convictions of Bob Kelly and Dawn Wilson. “I’ve gotten an awful lot of guidance, none of it solicited,” he told the Charlotte Observer. “(Research) does not play a part, nor should it. That’s as if because there’s research about the unreliability of eyewitnesses, I should dismiss or not retry an armed robber.”

By 1997 Parrish and Lamb could no longer delay dropping the last Little Rascals charges. And who now might succeed Parrish as district attorney? Unfortunately, you won’t be surprised.

Jan. 29, 2016

“The release last month of ‘Making a Murderer’ capped a year in which popular culture’s portrayal of the criminal justice system seems to have shifted. Out with the old tropes about truth-seeking investigators and tidy resolutions; in with the disquieting, dysfunctional reality of many courtrooms and police stations….

“Yes, post-conviction DNA testing and the work of Innocence Projects around the country have exonerated more than 1,700 defendants. Those cases heighten awareness of potential errors and demonstrate that wrongful convictions happen. But Americans shouldn’t expect certainty about innocence. Sometimes the focus on finding new evidence to exonerate distracts from the question of whether the old evidence proved guilt….

Read more here. Cached here.

“Fewer than 70,000 federal felonies are prosecuted each year, while roughly 2.5 million felonies proceed through the state courts. Many state cases involve near-simultaneous investigation and prosecution. One rarely finds out ‘what really happened.’

“The prosecutor in Avery’s trial argued in his closing statement that ‘reasonable doubts are for innocent people.’ They are not. And procedural protections like access to defense counsel and freedom from coerced interrogations extend to both the innocent and the guilty. The real contribution of these documentaries is not to ask ‘whodunit’ but to reveal what was done to defendants….

“The United States criminal justice system needs fewer guilt-assuming interrogation tactics, more disclosure of potentially exculpatory information to the defense, expanded oversight units within prosecutors’ offices to investigate potential miscarriages of justice and fuller appellate scrutiny of convictions.

“The moment is ripe for reform, culturally and politically….”

– From by “ ‘Making a Murderer’ Is About Justice, Not Truth” by Lisa Kern Griffin, Duke Law professor and former federal prosecutor, in the New York Times (Jan. 12)

Will this heightened skepticism about the nation’s justice system ever trickle down to exonerate the Edenton Seven and free Junior Chandler?

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?”