Jan. 4, 2012

“A few years back, I met a fellow investigative journalist in North Carolina….The subject came around to the Little Rascals case. He assured me the day care workers were guilty….

“I told him about how the McMartin case in California had been the first nationally publicized case to use interviews that practically bullied children into reporting mythical, often totally implausible abuse. Little Rascals was a textbook case of the same kind of tactics, and Ofra Bikel’s three fine documentaries left no doubt about this terrible miscarriage of justice.

“Yet my friend refused to listen to any other evidence or point of view. It transpired that his wife had recovered ‘memories’ of sexual abuse – another subject on which he would hear no other evidence….

“I tell you this just to let you know I am familiar with cases in which otherwise objective journalists develop seemingly incurable blind spots.”

–  From a 1997 letter to Columbia Journalism Review by Mark Pendergrast, author of “Victims of Memory,” challenging criticism of the False Memory Syndrome Foundation

March 5, 2012

“DURHAM — Tracey Cline could not admit she was wrong….”

Thus begins J. Andrew Curliss’s latest behavioral analysis of Durham County’s latest disgraced district attorney.

Coincidentally, Curliss cites a book I’ve been reading to better understand the rigidly wrongheaded behavior of the Little Rascals prosecutors.

“Carol Tavris, a Los Angeles social psychologist who has researched and written about the behavior and decision-making of prosecutors, said studies show the human brain, when sorting out conflicting beliefs and actions, will engage in a powerful act known as ‘self-justification.’

“It can keep people from admitting they are wrong and can be more powerful and more dangerous than an explicit lie, she said in an interview and in a 2007 book she co-authored, ‘Mistakes Were Made (But Not By Me)’…

“Self-justification is especially concerning in the justice system, Tavris said, because authorities often view themselves as ‘good guys’ doing the ‘right thing’….

“ ‘It’s really, really, really hard to face the reality that you screwed up,’ she said. ‘When we have a view of ourselves as good, competent, ethical, honest people and we are now confronted with evidence that we did something that was incompetent, unethical, immoral or harmful, we have two choices. We can ’fess up – say, “Oh, my God, look at this evidence, what did I do? How can I make amends?” – or, we deny.’ ”

Here’s a recent public ’fessing up that could be a model for errant prosecutors: “I want to express my sincere regret and apology…. It was a terrible mistake, and we knew it was wrong while we were doing it. Instead of getting caught up in it, I should have stopped it.”

Alas, it comes not from Cline – or from H. P. Williams Jr., Bill Hart or Nancy Lamb – but from the NFL coach who oversaw the “bounty” system for disabling opposing players.

Oct. 31, 2011

“A highly publicized case occurred in coastal North Carolina almost 30 years ago. Making national headlines, the Little Rascals Day Care Center was run by a husband-and-wife team, Bob and Betsy Kelly…. The Little Rascals abuse case involved 90 children who all required extensive therapy sessions.”

Shouldn’t a prominent North Carolina firm of trial lawyers know better than to solicit clients with such a misleading characterization?

Do Brent Adams & Associates really believe all those children – or any of them – “required extensive therapy sessions”?

I have asked that this paragraph be removed from the firm’s website – no response yet.

Dec. 10, 2014

“More than a decade ago, I wrote about the McMartin preschool case, and other satanic ritual child abuse accusations that turned out to be false. Back then, the slogan many supporters of the accusations brandished was, ‘Believe the Children.’ It was an antidote to skepticism about real claims of child abuse, just as today, ‘Believe the Victims’ is a reaction to a long history of callous oversight of rape accusations.

“ ‘Believe the Victims’ makes sense as a starting presumption, but a presumption of belief should never preclude questions. It’s not wrong or disrespectful for reporters to ask for corroboration, or for editors to insist on it. Truth-seeking won’t undermine efforts to prevent campus sexual assault and protect its victims; it should make them stronger and more effective.”

– From “Reporting on Rape” by Margaret Talbot at newyorker.com (Dec. 7)

Given the prosecution’s strategic secrecy, the pursuit of corroboration in the Little Rascals case presented an enormous challenge. But news coverage could been far more skeptical and revealing – perhaps even game-changing. The editor of the News & Observer certainly thought so.