July 11, 2014

“….  As you might imagine, I had not had reason to think about the Little Rascals case until your email arrived.  Yes, I was very interested in the case at the time, but had no role or authority to intervene. (See governor’s 1991 response to letter writers.) The arrests and charges were highly publicized, as were the proceedings of the trial, upon which the two accused were convicted.  So, like most citizens, I felt a compulsion to follow the case, at least insofar as the news coverage.

“My recollection is that both the horrible accusations and the contrary indications of coached and imaginative testimony of the children were featured in the coverage….   Being very familiar with Arthur Miller’s brilliant drama, ‘The Crucible,’ I was aware of the possibility of childish fantasy passing as falsely condemning testimony.  From a distance, most readers probably shared the concern, ‘What if it were true?’

“I do not recall whether the defense attorneys contacted my office in an appeal for clemency in 1991-1992.  Had they done so, they would have been advised that my practice was to let the appellate courts complete their judicial review before considering clemency.  This was complete in 1995 when the NC Supreme Court declined to review the finding by the Court of Appeals of trial error, at which time there would be no cause for Governor Hunt to intervene.  I have great respect for the judgment and integrity of then Chief Justice Burleigh Mitchell, and that would settle the legal principles of the matter for me.

“I can only wonder what conclusion I might have reached had the appeal for clemency been properly before me.  My approach in such cases was to meet separately with advocates on both sides, without restricting the nature or style of what they had to say.  I would make my decision based on corroborated evidence and the trial record, without following its standards for disqualifying some evidence.  I gave attention to two main standards: (a) whether the punishment was suited to the nature of the crime, and (b) whether there was doubt as to the guilt of the person convicted….

“I believe your cause is to persuade the Governor to issue a Pardon of Innocence for Bob Kelly and Dawn Wilson.  It may be difficult to produce exculpatory evidence several decades after the events.  You did not say whether Mr. Kelly and/or Ms. Wilson wish to return to that gauntlet, considering the degree to which they have restored their lives.  If they do, it would my hope that Governor McCrory and his counsel would weigh the two guidelines cited above, although no Governor is bound in clemency matters by any precedent of his predecessors.  While it can be difficult to prove a negative, it would help your cause if there were former accusers now in their thirties who have recanted the accusations of their childhood.  Otherwise, the appellate finding of procedural error alone might not be sufficient.”

– From a letter from former Gov. Jim Martin responding to my question about his recollections of the Little Rascals Day Care case

As welcome as a gubernatorial pardon would be, my hopes for the Edenton Seven are more modest:  a “statement of innocence” from the governor or attorney general similar to that given the defendants in the Duke lacrosse case.

If only the Little Rascals prosecutors had been as familiar with “The Crucible” as was the governor….

March 14, 2012

“Prosecutor Nancy Lamb practiced a little ‘voodoo’ psychology by telling the jury that when Dawn Wilson held and played with her child during breaks in the trial, it wasn’t because she loved the child – it was all a show for the benefit of the jury.

“No psychologist could have accurately reported on the state of mind or the motives of Wilson when she played with her child. However, had a psychologist known that Wilson had been offered a plea bargain which included no jail time if she pointed the finger at the others, and had told prosecutors to ‘Find yourselves another patsy,’ that psychologist might have known something about Nancy Lamb’s state of mind when she made those statements.”

– From “Due Process Is Good Psychology,” article in
Michigan Lawyer Weekly by Michael G. Brock

Defending this smear, one of many, Lamb said Wilson was presenting herself as a good mother, and “We had to remove that mask.”

In 1995 the N.C. Court of Appeals overturned her conviction. And then of course the prosecutors rushed to apologize to Dawn Wilson for their disgraceful vilification.

Nov. 18, 2011

“Gossip serves to fill up the vacuum of many people’s lives. It adds spice and excitement ….

“ ʻI would never have imagined it,ʼ say the neighborhood people. ʻIt looked like such a nice, friendly, reputable school, and all the while we didn’t know what terrible things were going on in there. They sure were clever. They really kept it quiet for a long time.

“ ʻWhen those kids came out, I never thought that they had just eaten feces, drunk urine and were beaten with whips.ʼ ”

– From “Sex Abuse Hysteria: Salem Witch Trials Revisited” by Richard A. Gardner (1991)

June 4, 2012

“Drawing upon clinical experience and research, Faller… asserted that false allegations are quite rare and pointed out that children have little motivation for making a false accusation, but offenders have considerable motivation for persuading professionals that children are either lying, mistaken, or crazy.”

– From “Interviewing Children About Sexual Abuse: Controversies and Best Practice” by Kathleen Coulborn Faller (2007)

Yes, that Kathleen Coulborn Faller, whose stubborn belief in day-care ritual abuse was expressed four years earlier in “Understanding and Assessing Child Sexual Maltreatment.”

Although “Interviewing Children…” isn’t specific to ritual abuse cases, Dr. Faller’s casual dismissal of false allegations echoes the “Believe the Children” mantra of that era.

So much wrongheadedness she manages to pack into a single sentence:

■ “Drawing upon clinical experience and research, Faller… asserted that false allegations are quite rare… ” Here she cites not only her own anecdotal impressions, but also the profoundly misguided research conducted during the height of the abuse mania.

■ “… and pointed out that children have little motivation for making a false accusation…” In fact, children who have been coaxed, threatened and worn down have every motivation to please their interrogators.

■ “… but offenders have considerable motivation for persuading professionals that children are either lying, mistaken, or crazy.” Did it occur to Dr. Faller that offenders have not a bit more such motivation than innocent defendants?

■ ■ ■

Ritual abuse: the creationism of social science?