Aug. 19, 2016

The jury is empaneled in Farmville, N.C., where Bob Kelly’s trial has been moved because of pretrial publicity in Edenton.

Dennis T. Ray would turn out to be a major mischief-maker both inside and outside the jury room. Ray read aloud from a contraband Redbook article on how to identify child molesters,  disobeyed the court’s instruction not to visit the alleged crime scenes, reported that a jailhouse snitch had shared personal knowledge of Kelly’s guilt and displayed a supposed “magic key” referred to by several child witnesses.

Unfortunately, Judge Marsh McLelland told defense attorneys he didn’t consider Ray’s rogue behavior – or that of a second juror, who dramatically revealed during deliberations that he himself had been abused as a child – to be a “tremendous problem.”

At least three jurors would later express deep doubts about the guilty verdict.

Roswell Streeter, at 28 the youngest juror, would write:

“I’ll say this to the last day of my life, that the evidence that came through the courtroom did not prove that Bob Kelly committed any kind of sex abuse.” He told “Frontline” he had felt intimidated and confused.

Mary Nichols was suffering from advanced leukemia,  and Marvin Shackelford had suffered two heart attacks. Both acknowledged afterward that worries about their health had moved them to vote guilty simply to cut short deliberations and go home. It had been nine months since the trial began.

Nov. 16, 2012

“In North America in the 1980s, the moral panic about organized child abuse arose in a context that included the following scares:

• “a moral panic about satanic activity;
• “a scare about missing and murdered children;
• “great public anxiety about incest, redefined as child sexual abuse during the 1970s;
• “a wave of disputed custody cases in which women accused their former husbands of sexually abusing children during court-ordered visitations;
• “self-help books by women claiming to be ‘survivors’ of incest and ritual abuse;
• “therapists’ claims that many of their adult women patients suffered from multiple-personality disorder as a result of severe childhood sexual and ritual abuse.

“Of particular importance were claims that society was in denial about widespread child sexual abuse…. Thus, claims about organized child abuse by caregivers were made in a context of claims about similar issues, and the effect of claims in one panic was to reinforce claims in another.”

– From “Wrongful Conviction and the Moral Panic About Organized Child Abuse: National and International Perspectives” by Randall Grometstein (2005)

Nov. 23, 2011

“Finally, after eight years, the Little Rascals case is over. We can consign to history what has to be the most bizarre and disturbing episode in the annals of North Carolina law…..

“Never has the state devoted such resources to wrecking lives with such flimsy evidence and unconscionable delays.

“As a case history of mass hysteria, the Edenton story will enrich textbooks for generations. As a cautionary tale of what can happen when otherwise sensible people come under the spell of self-styled victim advocates, one can only hope the memory of Little Rascals will help others stop the next case before it gets out of hand.

“The state’s most effective weapon… was not evidence, but time. By holding (defendants) behind bars month after month, the state managed to inflict enormous punishment… without having to prove a thing.

“As fiction, the Little Rascals story would have strained the combined imaginations of Charles Dickens and Stephen King. As news, it is a chilling example of a judicial system that was unchecked by common sense or common decency.”

– Editorial in the Greensboro News & Record, May 28, 1997

When Gladstone (or whoever) first posited that “Justice delayed is justice denied,” could he have envisioned such a calculated demonstration?

Feb. 9, 2018

“Both prosecution and defense [in a trial in Palo Alto, Calif.] called expert witnesses to testify to ‘child sexual-abuse accommodation syndrome’….

“Roland Summit, a southern California psychiatrist, coined the term in 1983. He defined the syndrome through five categories: secrecy, helplessness; entrapment and accommodation; delayed, unconvincing disclosure; and retraction. The categories describe how victims often do not resist the abuse because of power dynamics in the relationship with an adult, often delay disclosing the abuse and may change their stories due to pressure or guilt….

“Blake Carmichael, a clinical psychologist at the University of California, Davis, testified for the prosecution that child sexual-abuse accommodation syndrome is not a diagnosis but rather a set of concepts that provide context for a child’s experience of sexual abuse. He testified that research supports Summit’s original claims.

“By contrast, William O’Donohue, a clinical psychologist at the University of Nevada, Reno, testified for the defense that Summit’s paper is ‘junk science’.

“O’Donohue co-authored a literature review of Summit’s work that determined the syndrome is not a scientific theory grounded in research. O’Donohue noted that a second article Summit published in the 1990s described child sexual-abuse accommodation syndrome as his ‘clinical opinion’ and a ‘pattern’ rather than a diagnosable condition.”

– From “Former teacher denies sex-abuse allegations” by Elena Kadvany in Palo Alto Weekly (Feb. 7)

So here we are, 35 years after Roland Summit fanned the flames in the McMartin Preschool case, and prosecutors are still using his cockamamie conceit to win over jurors. It’s not just on the internet that no bad idea ever dies….