March 12, 2012

After reading thousands of pages of Little Rascals coverage, shouldn’t I have become inured to the prosecution’s gratuitous brutality?

Not yet.

On August 11, 1993, Dawn Wilson, serving a life sentence for child sexual abuse, went back to court to seek release under house arrest. In six days she would give birth to her second child.

Nancy Lamb and Bill Hart could’ve responded with any number of temperate legal arguments against her release. Instead….

“She made a quite irresponsible decision in 1992 to become pregnant early in her trial,” Lamb said. “She was thinking only of herself….”

“Dawn Wilson… simply has no character…,” added Hart. “Is she the kind of mother figure who ought to be bonding with a second out-of-wedlock child?”

Judge Marsh McLelland granted Wilson’s request, but delays in paperwork and payment of a $250,000 bond kept mother and son in women’s prison another month.

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.

July 8, 2013

“As the parents made their case to the (North Carolina Parole Commission), prosecutors and defense attorneys continued sparring over whether the state had reneged on the plea bargain by trying to block (Betsy) Kelly’s parole.

“Kelly’s attorney, Joe Cheshire V, says prosecutor William Hart promised not to contest her parole if she agreed to the no-contest plea. Hart says the state never made such a pledge.

“Hart and assistant prosecutor Nancy Lamb attended the hearing to support the parents. They say it would be inappropriate for Kelly to be released, because she continues to publicly proclaim her innocence.

“ ‘The parents know she is guilty,’ Lamb told reporters before the hearing. ‘They know what their children have gone through.’

“Cheshire, continuing to maintain his client’s innocence, said Hart should have tried Kelly in court if he wanted to show she was guilty.

“ ‘He was afraid to do that,’ Cheshire said. ‘And now he’s running around saying that since she won’t admit her guilt, she should not get paroled. I think that’s pretty pathetic.’ ”

– From “Parents oppose parole for Little Rascals operator” in the News & Observer (April 12, 1994)

Pandering, bullying, grandstanding, double-crossing – in thwarting Betsy Kelly’s parole, the Little Rascals prosecutors scored a grand slam of misfeasance.

Here’s what Joe Cheshire recalls about that brutal day:

“Simply taking that plea was distasteful to me, but when the awesome power of government meshes with the awesome power of the judiciary and neither want to find the truth, but instead to consummate a decided outcome, the individual gets ground up in the process.

“Betsy was desperate to come home and did not trust anyone, nor should she have.  I am not a fool; I would not have agreed to such a plea if it did not insure her freedom.  The only (apparent) risk was the Parole Board.  The prosecutor had agreed to not oppose her parole, but then he reneged.  He knew that our only alternative was to move that the plea be set aside and that we would not be in a position to do that.

“Yes, in retrospect I should not have trusted him….  But he was not willing to put it in writing, and (insisting on that) would have ended the negotiations….”

Little Rascals prosecutors seemed perversely unable to let any defendant go home without administering a final cheap shot. When Scott Privott was released under a no-contest plea deal in 1994, they added a last-minute stipulation that he undergo psychiatric evaluation as part of his five-year probation.

“I saw them weekly for about two months,” Privott recalls, “and then they reported that I was normal. My probation officer told me (Bill) Hart was pissed… and that was that.”

Oct. 14, 2015

“(Attorney General Roy Cooper) took over a tangled and controversial investigation of alleged gang rape by Duke University athletes, eventually in 2007 making the extraordinary determination that the crime never happened….”

– From “Cooper formally declares campaign to unseat McCrory” by Craig Jarvis in the News & Observer of Raleigh (Oct. 12)

So far, Attorney General Cooper’s willingness to address crimes that never happened hasn’t extended to the Little Rascals Day Care case.

Sept. 21, 2012

“Los Angeles psychiatrist Roland Summit’s ‘child sexual abuse syndrome,’ a theory about incest… argues that if there is evidence of sex abuse and a child denies it, this is only further proof that it happened and a therapist should use any means necessary to help the child talk…. If they later recant, that means they are under family pressure to protect the father and their turnabout is further proof of the crime.

“So no matter how much coercion was used to get an accusation and no matter if a child later retracted it, once Summit’s incest theory was applied, a charge of abuse became irrefutable. Child protection workers ignored the fact that this logic had little to do with day care. After all, why would children staunchly defend abuse to protect an adult who wasn’t part of the family? And if they had been so brutally attacked at school, why wouldn’t they tell their parents?

“Therapists and investigators came up with all sorts of rationales. One was the teachers threatened them by slaughtering animals and warning that the same thing would happen to their parents if they told….”

– From “The Ritual Sex Abuse Hoax” by Debbie Nathan (Village Voice, January 12, 1990)

The “threatened parents” claim reared its head in this 1995 letter from Little Rascals parents:

“…Many (children are now) old enough to realize that Bob Kelly can’t work his threatened evil to kill their families.”