Nov. 8, 2014

“In the summer of 1989, I accepted my first job at a daily paper when The Daily Advance hired me to cover a two-county beat – Chowan and Perquimans. When I arrived, Bob Kelly had just been arrested and charged in about a dozen cases. My editor told me about it, almost in passing, and said, ‘You might want to keep an eye on it.’ I did, and for the next two years it consumed my life.

“I was 24 years old with a wife of two years and no children. I had no experience reporting on police and courts and was very naive as to how the system worked. As the case expanded I became convinced of the defendants’ guilt. Their lawyers wouldn’t let them talk and they were hard to reach in jail. Prosecutors were also tight-lipped, but some of the parents couldn’t stay that way.

“For two years all I had to go on were the stories of parents and what I believed to be a mountain of evidence in the hands of prosecutors. Shortly before Bob’s trial began, three important things happened. I finally got to interview two of the defendants (Robin Byrum and Scott Privott). Their stories were very convincing and I was no longer certain of their guilt. I was also promoted to an editing position and was no longer actively reporting on the case. I was in charge of the reporters who would. Also at this time the ‘Frontline’ show came out, pretty much blowing the lid off the prosecution’s case.

“As Bob Kelly’s trial unfolded, I found that the prosecution had little to no evidence. My faith in the case was weakened and I was surprised when Bob was convicted. Then another defendant (Dawn Wilson) fell and Bob’s wife Betsy Kelly pleaded no contest. That upset me because I was convinced she was innocent and I wanted her to fight and prove it.

“At this point in my life, I had become a parent and soon my first marriage would end. I returned home to Colorado but continued to follow the case from afar. I was happy when the convictions were overthrown and the other charges dropped. As a parent I could now see and understand that what was normal childhood behavior was being grossly misinterpreted as signs of child sex abuse.

“In hindsight, I feel bad for everyone involved in the case. Both sides went through hell. Most of all, though, I feel for the children. Their lives were altered and family and community dynamics changed by forces beyond their control and beyond reason.”

– Joe Southern, recalling his experience covering the Little Rascals case for the Elizabeth City Daily Advance

This 1991 piece, reprinted in a Del Rio, Texas, paper, seems to be reporter Southern’s lone Little Rascals story to survive online. He is now managing editor of The Sealy News in Sealy, Texas.

More recently, the Daily Advance has shown far less interest in the case – well, none, actually – or in Nancy Lamb’s responsibility for pursuing and prolonging it.

Feb. 25, 2013

“The 99 guilty verdicts against (Bob) Kelly appear to have set a benchmark for such cases: that youthful witnesses can have enough credibility to win convictions on their word alone.

“‘This validated child witness testimony,’ said Carolyn McAllaster, who teaches a child advocacy clinic at Duke University’s law school and trial practice at the University of North Carolina School of Law.

“‘I think the reason a lot of prosecutors hesitate to take these cases is they fear these children won’t be believed by juries,’ she said. ‘They should give a child’s testimony the same weight they would give an adult’s testimony. I think that children are very believable and that their testimony can be judged on its own merits.’ ”

– From “Rascals verdict affirms children’s credibility” in the Raleigh News & Observer (April 26, 1992)

McAllaster has gone on to become director of the AIDS Legal Project and a clinical professor of law at Duke.

Has she changed her mind about the credibility of child witnesses?

I asked her.

She hasn’t responded.

Jan. 31, 2012

Expert vouching.

That odd little legalism is the crucial issue in Junior Chandler’s latest – and perhaps last – shot at justice. Durham attorney Mark Montgomery has just filed an appeal on Junior’s behalf in the N.C. Supreme Court.

In Junior’s 1987 trial in Buncombe County, the prosecution ran out no fewer than six expert witnesses, including three pediatricians.

Each expert testified that Junior’s alleged victims had in fact been sexually abused “as they described” – but none could cite definitive physical evidence on which they based their validation.

In the years since, higher courts have seen the reversible error of those ways. Expert vouching is now inadmissible in the absence of physical evidence “diagnostic of” – not just “consistent with” – sexual abuse.

The case against Junior was weak and weird on all fronts. No credible eyewitnesses or physical evidence. No storyline that made a lick of sense. (Although prosecutor Bill Hart must have liked the kidnapping-and-boat-ride scenario – he called on it again four years later in the Little Rascals trial.)

Only four children testified against Junior, accounting for less than 2 percent of the 1,407-page trial transcript. Some claimed to have been abused by… Pinocchio. And jurors never heard from those children on Junior’s bus who denied seeing abuse.

Just how important was expert vouching in imposing Junior’s two consecutive life sentences?

On all charges supported by expert vouching the jury found him guilty. On all charges not supported by expert vouching it found him not guilty.

Sept. 23, 2016

“We Believe the Children” offers a clear explanation of how a then-novel crusade for child welfare and a murk of neo-Freudian psychological theory together drove officials to find suppressed trauma where none existed, and [Richard] Beck also cites the popular nonfiction books Sybil (1973) and Michelle Remembers (1980) for their role in spreading acceptance of Multiple Personality Disorder and Satanic Ritual Abuse as authentic phenomena.

“He further argues that the day care scandals represented a conservative backlash on behalf of traditional family structures, in which fathers worked while mothers stayed at home to raise children, over the newer model of two busy parents dropping their kids off with professionals.  In this reading, the contemporaneous wave of incest survivor memoirs and self-publicizing MPD victims likewise reinforced the traditionalist ideal of helpless females unable to cope in a modern society that gave women too much sexual and career freedom.

“Maybe.  Yet Beck only devotes a paragraph or two to the burgeoning pop-culture fascination with the occult which preceded the Satanic panic, and it’s worth pointing out that, despite hit films like The Godfather and Scarface, no one in the 1980s was accused of recruiting children into a mobster underworld, and despite turmoil in the Middle East, day cares were not suspected of being fronts for Islamic terrorists.

“Rather, the emphasis on perversion, ritual killing, and cultism which characterized the scare drew on obvious sources in the mass entertainment of the mid-1960s onward.  As I’ve written in my book Here’s To My Sweet Satan:  How the Occult Haunted Music, Movies, and Pop Culture, 1966-1980,

For a culture accustomed to the bloody rampages of Charles Manson, the shameless perversities of Anton LaVey, and the no-holds-barred gross-outs of The Exorcist, such combinations of cruelty, vulgarity, and the occult [in the McMartin charges] were no longer surprising.…For a long time the public had been bombarded with messages of what Satan and Satanists were like, of the words, images, and symbols associated with devil worship, and especially of how children were Satan’s favorite victims.  It had all finally proved too much for some people.

“I believe it’s this influence that fostered the climate for McMartin and other travesties, at least as much as any right-wing fantasies about dutiful moms and dangerous outsiders….”

– From “Children of the Grave” by Canaadian author and blogger George Case (Sept. 23)

An earlier challenge to Beck’s emphasis on conservative backlash points a finger at feminism.