Dec. 23, 2011

“Many appalling results of the recovered-memory movement of the 1970s and ’80s arose from … unexamined views of memory – occurrences like the false accusations of employees of children’s care centers… Such fantasies have often been encouraged as reliable memories by doctrinaire therapists and have sometimes resulted in prison sentences and ruined lives for innocent fathers, mothers, kin, teachers and devoted caretakers.

“The documentary films made by Ofra Bikel … are meticulous and frightening accounts of such fantasies and their overwhelming power in the hands of the cruelest, most self-deluded and most easily panicked among us.”

– From “Ardent Spirits” by the late Reynolds Price (2009)

Feb. 1, 2012

The HBO documentary “Paradise Lost 3: Purgatory”  surely deserves its Oscar nomination, although the only edge it holds over Ofra Bikel’s “Innocence Lost” trilogy of the ’90s is its happy-tears finale: the three defendants walking out of prison.

After much lawyering, the West Memphis Three in August accepted an Alford plea that allowed them to go free,  while protecting the state of Arkansas from a wrongful-imprisonment  suit and the national embarrassment of a retrial.

I had to laugh at this exchange from the ensuing press conference:

Reporter: “Will the state continue to investigate this case if additional information is brought forth, or is the case closed?”

Prosecutor Scott Ellington: “I have no reason to believe there was anyone else involved in the homicides of these three children but the three defendants who pled guilty today.”

Defense attorney Dennis Riordon: “Does anyone believe that if the state had even the slightest continuing conviction they were guilty that it would have let these men go free today?”

If H.P. Williams Jr., Nancy Lamb and Bill Hart were watching – unlikely, given the spotlight shone on unjust prosecution – no doubt they would have admired Ellington’s resolve in the face of reality.

May 17, 2018

In recent years the Little Rascals Day Care case, probably the most significant event in Edenton in the 20th century, seems to have been a taboo subject in the local Chowan Herald and in the Daily Advance of Elizabeth City. I’m grateful that the Herald has published my letter to the editor in this week’s edition:

“In the 1990s the town of Edenton was torn apart by the Little Rascals Day Care case, in which seven local people were accused of ‘satanic ritual abuse’ of dozens of children. The case attracted reporters from the New York Times and Washington Post and received eight hours of documentary coverage on PBS’s “Frontline” series. Co-owner Bob Kelly’s trial was the longest and costliest in North Carolina history. After Kelly served six years in prison and cook Dawn Wilson three, their convictions were overturned.

“The Duke University Law School Library recently opened to researchers an exhibit and archive on the Little Rascals case, including the transcript of Bob Kelly’s trial and numerous other documents. ‘The case is one example of the preoccupation with perceived abuse taking place at daycares and preschools in the 1980s and 1990s,’ Duke wrote in its announcement. ‘Often, these cases also involved allegations of Satanism or devil worship. Like the Little Rascals case, most of these daycare abuse accusations turned out to be false.

“Today no reputable psychologist, social scientist or legal expert will argue otherwise. From Wikipedia to the National Registry of Exonerations, the defendants in cases such as Little Rascals are recognized as innocent victims of a bizarre ‘moral panic’ that bore striking similarities to the Salem witch hunts 300 years earlier.

“During the years-long prosecution of the Edenton Seven, townspeople were divided family vs. family, friends vs. friends. Today the former Little Rascals Day Care Center is being converted into housing – is that what would happen if townspeople believed it was the site of mass molestation of their children? So where now does Edenton stand?”

July 11, 2016

“This week Harvard Law School’s Fair Punishment Project issued a report detailing the legacies of five of the nation’s deadliest prosecutors, and (Joe Freeman) Britt was among them. The report highlights what it calls ‘personality-driven capital sentencing,’ which leads overzealous prosecutors with a flair for courtroom theatrics and a desire for personal fame to pursue death sentences at disproportionate rates….

“This personality-driven system means that a death sentence often says less about the severity of the defendant’s crime, than it does about the prosecutor’s enthusiasm and courtroom skills. Personality-driven prosecutions can also lead to wrongful convictions, when prosecutors making winning cases a higher priority than seeking justice….

“Britt often cut corners to win. Appellate courts found that Britt committed misconduct in 14 of his capital cases, the new report shows. His offenses included hiding evidence that might have proven defendants innocent and making inflammatory and improper statements to jurors….

“When they were exonerated by incontrovertible DNA evidence, Britt did not even have the heart to admit his mistake. Instead, he continued to loudly proclaim their guilt….”

– From “NC ‘deadliest prosecutor’ valued winning over justice, new report shows” by Kristin Collins at NC Coalition for Alternatives to the Death Penalty (June 30)

I shudder to speculate what might have happened in Edenton had North Carolina sanctioned capital punishment for child sex abuse. The Little Rascals prosecutors, most strikingly Nancy Lamb,  bore many of the “personality-driven” characteristics seen in a Joe Freeman Britt:

• “A flair for courtroom theatrics and a desire for personal fame”? Check.
• “Hiding evidence that might have proven defendants innocent”? Check.
• “Inflammatory and improper statements to jurors”? Check.
• “Continued to loudly proclaim their guilt”? Check…..