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.

Feb. 8, 2016

“Bob Orr, a former North Carolina Supreme Court justice, says it’s time for a comprehensive outside review of the state agency that oversees lawyers.

“Orr… is part of a committee looking at legal professionalism as part of Chief Justice Mark Martin’s recently launched review of the state justice system….

“The call for evaluation comes amid questions about the bar’s aggressive prosecution of three defense attorneys who have worked on Racial Justice Act (text cache) and innocence inquiry cases….”

– From “Former NC Supreme Court justice calls for review of state bar” by Anne Blythe in the News & Observer (Feb. 6)  (text cache)

Right on, Justice Orr. And thanks to the N&O for its continuing attention to the flagrant self-dealing of the Prosecutors Club, most recently this account (text cache) by Joseph Neff contrasting the bar’s two sets of ethical standards:

“For most of 2015, the North Carolina State Bar vigorously and publicly pressed ethics charges against two anti-death penalty lawyers for what were eventually judged to be unimportant inaccuracies in two sworn affidavits.

“During the same time, the bar privately dismissed complaints that three prominent prosecutors – one running for attorney general, another now a Superior Court judge – used a false affidavit in a racially divisive case that has roiled Winston-Salem for more than a decade….”

I’ve even seen it suggested that the situation demands a separate panel specializing in prosecutorial misconduct (text cache).

Dec. 3, 2012

Exoneration is in the air!

From Texas to New York – and of course here in North Carolina – more and more prosecutorial abuses are being dug up, dusted off and exposed to long-delayed doses of daylight.

If you’re keeping score, the National Registry of Exoneration has just hit quadruple digits – that’s Bob Kelly, Dawn Wilson and 998 other wrongfully convicted defendants.

So what are the prospects that the State of North Carolina will at last release a Duke-lacrosse-style statement of innocence for the Edenton Seven?

Since last summer, when my petition was kissed off by Mark Davis, general counsel to Gov. Bev Perdue, and I was advised to try Attorney General Roy Cooper, not a peep has been heard in response. It would take a greater optimist than me to believe this silence suggests ongoing thoughtful contemplation.

As the governor prepares to leave office, a valued ally of littlerascalsdaycarecase.org used his access to lobby on behalf of the defendants. But pardon applications have been torrential, he was told, and the Edenton Seven case isn’t among those Perdue is considering.

That still leaves the attorney general – or does it, Mr. Cooper?

Feb. 13, 2013

“Can we say beyond a shadow of a doubt that any day-care operators in the country are innocent? No. Can we say that those who claim they were abducted by UFOs were not? No.

“(That) is not a frivolous comparison. The methodology used by therapists on the children is the same methodology used by UFO debriefers. The debriefers ask, Did you see a light? The therapists ask, Did you get taken to a secret tunnel? The debriefers ask, Did you feel a probe by the aliens? The therapists ask, Did Mr. Bob stick a knife in your vagina?

“When people, even fully functional members of their communities, regurgitate what they have been told about space probes, we call them lunatics. When children, after constant prodding, regurgitate what they have been told about intimate probes, we put people in prison.”

– From “Abusing Justice, in the Name of Children” by Ed Siegel in the Boston Globe (Sept. 8, 1995)