Dec. 9, 2011

Had former district attorney H.P. Williams Jr. let our conversation drag on beyond 30 seconds on Wednesday, here are some questions I might have asked:

– In all the day care cases of the ʼ80s and early ʼ90s – Little Rascals, McMartin, Fells Acres, Wee Care, ad nauseam – why was not one instance of sexual abuse ever witnessed by an adult?

– Why was not one piece of physical or medical evidence ever presented?

– Would you still argue at Bob Kellyʼs sentencing hearing that “There is no reason he should be restored to the community at any time”?

– Have you been surprised that, since being freed, not one of the defendants has returned to a life of serial child sexual abuse?

– What would it take for you to admit the Edenton Seven were innocent?

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If H.P. Williams Jr. – or any other reader – would like to respond, he is always welcome to do so here.

May 16, 2014

Exhibit A:

“Last year at a state solicitors’ convention in Myrtle Beach, (South Carolina State Supreme Court Justice Donald Beatty) cautioned that prosecutors in the state have been ‘getting away with too much for too long.’ He added, ‘The court will no longer overlook unethical conduct, such as witness tampering, selective and retaliatory prosecutions, perjury and suppression of evidence. You better follow the rules or we are coming after you and will make an example. The pendulum has been swinging in the wrong direction for too long and now it’s going in the other direction. Your bar licenses will be in jeopardy. We will take your license’….

“If most prosecutors are following the rules, you’d think they’d have little to fear, and in fact would want their rogue colleagues identified and sanctioned….The state’s prosecutors didn’t see it that way….

“At least 13 of the head prosecutors in the state’s 16 judicial districts, along with South Carolina Attorney General Alan Wilson, are asking for Beatty to be recused from criminal cases. This would presumably end his career as a state supreme court justice….”

– From “Judge says prosecutors should follow the law. Prosecutors revolt.” by Radley Balko in the Washington Post (March 7)

Exhibit B:

“….Decades of studies show eyewitness testimony is only right about half the time – a reality that has prompted a small vanguard of police chiefs, courts and lawmakers to toughen laws governing the handling of eyewitnesses and their accounts of crimes….

“Prosecutors, however, have opposed the efforts, arguing that the changes erode their powers, even as studies have shown that eyewitnesses are about half as likely to choose the correct suspect out of a lineup as they are to choose some combination of the innocent fillers or no suspect at all when the correct one is present. The reexamination of eyewitness testimony comes at a time when technology and other forensic analysis are being given greater weight….”

– From “Eyewitness Testimony No Longer A Gold Standard” by Nigel Duara of the Associated Press (April 19, 2014)

TV prosecutor Jack McCoy suffered his own ethical dark nights of the soul, but I can’t imagine him finding much in common with such miscreants as these.

Aug. 13, 2012

I wrote Mark Davis, general counsel to Gov. Bev Perdue, to ask that she issue a “statement of innocence” on behalf of the Edenton Seven. This is Davis’s response: “Because the Attorney General’s Office handled the appeals in the cases you reference in your letter, I think that office is in the best position to evaluate this issue. I suggest you contact them regarding this matter.”

So noted. This, then, is from a letter I sent last week to Roy Cooper, attorney general of North Carolina:

When the Duke lacrosse case collapsed in 2007, you granted the defendants a “statement of innocence.” Although the statement was not a formal legal document, as I understand it, it clearly demonstrated your commitment to making amends for a wrongful prosecution by the State of North Carolina.

I am requesting that you take similar action on behalf of the defendants in the notorious Little Rascals Day Care case.

For more than a decade, beginning in the 1980s, day care centers across the United States were victimized by a wave of wholly unsubstantiated charges of “ritual sexual abuse.” The testimony of child-witnesses, corrupted by misguided therapists, resulted in dozens of convictions and incarcerations.

In all these cases, charges eventually were dropped, convictions overturned or plea agreements accepted with no admission of guilt.

Today there is no dispute among respected psychiatrists, psychologists and social scientists: The defendants were innocent victims of a “moral panic” that bore striking similarities to the Salem witch hunts 300 years earlier.

One of the most prominent of these prosecutions, of course, was the Little Rascals case in Edenton. Between 1991 and 1997 the PBS series “Frontline” devoted a total of eight hours to the plight of the Edenton Seven, leaving millions of viewers appalled at North Carolina justice.

After the longest and costliest trial in state history, Robert Kelly was convicted of 99 counts of child abuse and sentenced to 12 consecutive life sentences. He served six years before the North Carolina Court of Appeals overturned his conviction.

Dawn Wilson was convicted on five counts of child sex abuse and given a life sentence. She served two years in prison or under house arrest. The Court of Appeals also overturned her conviction.

Betsy Kelly and Scott Privott both agreed to plea deals with no admission of guilt.

Charges against Robin Byrum, Darlene Harris and Shelley Stone were dropped.

After the defendants were released, however, prosecutors continued to insist they were guilty. Exoneration was willfully withheld.

The Little Rascals case not only shattered the lives of the defendants, but also left a deep and ugly stain on the reputation of the State of North Carolina.

In 2001, Massachusetts Governor Jane Swift signed a resolution proclaiming the innocence of the victims of the Salem Witch Trials.

In time, such victims of the ritual-abuse day-care panic as the Edenton Seven will surely receive similar exoneration. Why not now? Why not in North Carolina? This is an opportunity to demonstrate moral leadership on a national scale.

I blog about the case at littlerascalsdaycarecase.org, where you will find an extensive archive and updates. I would be eager to provide additional facts by e-mail or to meet with you in Raleigh at your convenience.

Mr. Cooper, I appreciate very much your attention to reviewing this case and to perhaps mitigating the profound injustice suffered by these seven innocent North Carolinians.

I’ll post his response, of course.

Jan. 4, 2017

“[Richard Beck’s ‘Believe the Children’] is perhaps most poignant on the subject of the damage to the young people who acted as witnesses. ‘Children as young as three and almost never older than nine or ten,’ Beck writes, ‘children who previously understood their time in day care as essentially normal, whether happy or not, had their lives reorganized around the idea that they were deeply and irrevocably traumatized.’ ”

– From “Our Panics, Ourselves” by Rebecca Onion in Boston Review (Sept. 22, 2015)