July 5, 2014

“The Burlington judge who has presided over the the Little Rascals Day Care Center case since 1990 resigned in disgust the day after the state Supreme Court refused to review (the overturning of) two convictions.

“D. Marsh McLelland, a retired Superior Court judge, said in a letter dated Sept. 8 that the court’s refusal to review the cases ‘is legally and morally reprehensible.’

“McLelland’s letter to Chief Justice Burley Mitchell said the refusal to review a Court of Appeals order for a new trial raised the term technicality to new heights….”

– From “Judge quits Little Rascals case” from the Associated Press (Sept. 22, 1995)

I imagine that the “technicality” comment was from a direct quote, although I haven’t been able to find either McLelland’s original letter or a more substantial account. It’s no wonder he felt humiliated – the Court of Appeals decision had laid bare his indifference to the rights of the defendants.

Regardless, McLelland’s resignation proved irrelevant, as prosecutors decided not to retry Bob Kelly and Dawn Wilson.

July 15, 2014

“I realize I’m a little flip when I say 80 percent of the evidence is trash, but it is.

“I thought sooner or later some editorialist was going to write, ‘That sorry judge should have done something.’ And yet if I stopped it, it would have been a problem in an appeal….”

– Judge Marsh McLelland, in an interview published April 1, 1992, in the Greensboro News & Record, shortly after the jury began deliberations in the trial of Bob Kelly

Given that McLelland had been overseeing the Kelly case for more than 17 months – and still had Dawn Wilson’s trial ahead of him – I suppose he deserved to grumble a bit about the tedium.

But what an odd comment about wanting to avoid “a problem in an appeal” – did he believe only the defense was responsible for producing “trash” evidence?

Nov. 25, 2011

“In the prototypical witch hunts in Europe and in the Massachusetts colony, the accused were often scapegoats for some calamity – disease, bad harvests, the birth of a deformed child.

“In the witch hunts of the ’80s, there was no such injury to be avenged or repaired. There was, however, a psychological need to be fulfilled. Our willingness to believe in ritual abuse was grounded in anxiety about putting children in day care at a time when mothers were entering the work force in unprecedented numbers.

“It was as though there were some dark, self-defeating relief in trading niggling everyday doubts about our children’s care for our absolute worst fears – for a story with monsters, not just human beings who didn’t always treat our kids exactly as we would like; for a fate so horrific and bizarre that no parent, no matter how vigilant, could have ever prevented it.”

– Margaret Talbot, writing in The New York Times Magazine, Jan. 7, 2001

Sept. 9, 2013

“According to court records, one of the state-recommended therapists, Judith Abbott, showed a five-year-old girl drawings of satanic symbols (a horned mask, inverted crosses and a peace symbol described on the drawing as the ‘Cross of Nero’) in an effort to uncover instances of devil worship. ‘Mr. Bob’ was wearing one of those, the child said, according to a note Abbott wrote on the drawing of the mask.

“The same child had begun her therapy complaining that Mr. Bob gave hard spankings; after biweekly sessions for six months she was ‘remembering,’ according to Abbott’s typed therapy notes, ‘oral penetration by a penis, vaginal penetration by a brown felt-tipped pen and witnessing the murder of human babies.’

“Abbott explains the delay in eliciting this material by saying that the children had been terrified into silence. ‘When you break down the child, you own their spirit.’ she says. ‘It’s like Helter Skelter, Charles Manson.’ ”

– From “The Demons of Edenton” by Lisa Scheer and Edward Cone in Elle magazine (November 1993) Download article here

A proven effective way to “break down the child”: Subject her to six months of Abbott’s biweekly “therapy” sessions.