Jan. 5, 2014

“Probably the main reason for the growth of false charges of (sexual) abuse has been the recent proliferation of abuse specialists and therapists, many of whom lack any knowledge of mental illness or the workings of memory. These specialists believe fervently that many of the difficulties experienced by the people who consult them are due to sexual abuse that, if it isn’t remembered, can be jogged into memory by various recovery techniques.

“For decades, therapists of various kinds have put forward one unproved theory after another to explain personal unhappiness, dissatisfaction or serious psychological dysfunction. Earlier, as (Michael) Yapko points out (in “Suggestions of Abuse: True and False Memories of Childhood Sexual Trauma”), they focused on the ‘inner child,’ the ‘dysfunctional family’ or ‘co-dependency’; now it’s sexual abuse….

“In 1992, Mr. Yapko gathered data from more than 860 therapists across the country about the roles they think suggestion and memory play in therapy, especially in the dredging up of repressed memories of sexual abuse. ‘It is not an exaggeration,’ he concludes, ‘to say that many therapists appear to practice their profession on the basis of sheer myth….’ ”

– From “The Monster In the Mists” by Walter Reich in the New York Times (May 15, 1994)

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?

April 29, 2017

Robin Byrum, not long out of high school and pregnant with her first child, went to work at Little Rascals Day Care Center in September 1988. A year later she was in prison under $500,000 bond, charged with 23 counts of child sex abuse. Prosecutors had no credible evidence against her, but they were betting the youngest defendant would implicate Bob Kelly and the others accused.

“I was in the wrong place at the wrong time,” she recalls today in her first interview since charges finally were dropped against her in 1996. “They thought I would tell on the others. That was the only reason I was swept up.”

Now 15 years into her second marriage, she lives in Eastern North Carolina. For her privacy I’m not mentioning her town or married name. “I’ve gone on with my life. It’s turned out well, in spite of all that….”

——-

After months of sporadic questioning she was arrested in January 1990.  “Three men from the SBI came to my mother’s house. It was so frightening. They intimidated me. One of them put his foot up on the table and I could see the gun in his ankle holster. He said, ‘I’d hate to see you taken away from that child.’

“Then we went to the police station in Edenton. [SBI agent] Kevin McGinnis said he would give me one more chance to talk. I could hear my baby crying in the next room. When I told him again I didn’t know anything, he was so angry he kicked the desk across the room.”

Along with Betsy Kelly and Dawn Wilson, she was put in a cell in women’s prison in Raleigh. “I was three hours from my only family in North Carolina. Strip-searched before and after every visit.

“They put another prisoner in there with us, a snitch, thinking she could get us to talk. But we had nothing to tell….. One day they even tossed our cell, looking for ‘satanic’ passages marked in our Bibles.”

As the months passed, prosecutors offered Byrum ever more tempting plea deals. In a particularly poignant moment in “Innocence Lost: The Plea” (1997) she explains to Ofra Bikel why she had even turned down a deal offering no active time, but an admission of guilt: “‘That would mean knowing I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I [said I] did something when I didn’t do it.’”

In 1990, bond was reduced to a still absurd $200,000 and her grandparents and two aunts in Kentucky managed to pay in time to get her home for Christmas.

Today Byrum, 46, works in health information management. “My office manager knew about the case, but the doctors hadn’t put two and two together until they went to your site. One of them shook his head and said, ‘How did seven people go to prison on something completely unfounded?’ Well, I’m still baffled too….

“How could anyone believe all these things happened? We were a block from downtown, in a building with huge windows and no curtains. Parents walked their 2- and 3-year-olds there, and they dropped by all the time….

“Didn’t a light bulb ever once come on that made somebody use their common sense?”

Aug. 5, 2016

“Perhaps the virtue of these true-crime stories isn’t how they affect specific cases (indeed, without new and objective evidence that calls into question criminal convictions, it’s important – for the sake of the rule of law – to let decisions stand).

“Instead, series such as ‘Serial’ could have a positive impact on how ordinary Americans – the people who sit on juries and elect local prosecutors and judges – view criminal trials.

“Maybe we’ll be more willing to hold those running for local offices accountable for presenting fair cases and working to eliminate bias against the poor or minorities.

“Maybe we’ll be more appropriately skeptical of cases built on witness testimony alone, or question whether investigators used intimidation or unfair interrogation to get inaccurate information from witnesses….”

– From “How the ‘Serial’ podcast is challenging the criminal justice system” by Robert Gebelhoff in the Washington Post, July 6 (via the Denver Post)