Nov. 26, 2019

I’ve previously cited here and here Elle magazine’s deeply reported 1993 article on the Little Rascals case. You can read it here.

But I had somehow overlooked this response to Greensboro journalists Edward Cone and Lisa Scheer from assistant attorney general Bill Hart. It has not aged well.

Dear Ed and Lisa,

I have read your recent article in Elle Magazine, “The Demons of Edenton.”

I found it interesting that you chose to leave out the fact that Chris Bean, now a District Court Judge, had initially represented Bob Kelly as his lawyer, until he found out that his son had been abused.

I also found it interesting that you chose not to include the fact that Bob Kelly’s jury had the full benefit of the experience, knowledge, and wisdom of both Maggie Bruck and William Kenner through their testimony at his trial.

Notably absent from your article was any balancing psychological viewpoint to the Bruck/Kenner/Ofshe propaganda. You had access to the testimony of Mark Everson, a psychologist who testified for the state at Bob Kelly’s trial, but did not quote him. You criticized Roland Summit, but did not quote him….

Sincerely,
William P. Hart
Special Deputy Attorney General

I won’t use this post to address all of Hart’s claims, but….

– Chris Bean’s role in the case, far from being culpatory for Bob Kelly, actually provoked stinging criticism from the North Carolina Court of Appeals. “This boils down to the most fundamental questions of fairness,” Judge Gerald Arnold said. “When you have an attorney testifying that ‘I was Mr. Kelly’s attorney and I believed in him very strongly until I learned the truth, that is to say that he’s guilty, and then I was shattered.’ How can there be more prejudicial, stronger evidence put before a jury than to have a former attorney, the defendant’s attorney say that?” Further, Bean was among those parents whom prosecutors inappropriately but persuasively presented as de facto experts on child psychology.

– Mark Everson, UNC psychologist, was tragically influential with a “coherent package” of misconceptions he clung to long after they had been exposed by updated research. And of course there’s his jaw-dropping “where there’s smoke there’s fire” argument….

– Los Angeles psychiatrist Roland Summit, a key player in the McMartin Preschool trial, tried too late to shed responsibility for the many defendants wrongfully convicted by his “child sexual abuse syndrome” theory.

Bill Hart’s letter didn’t mention it, but I have to wonder whether this was the Elle passage that actually got under his skin most annoyingly:

“[Hart] is emotionally involved in the Little Rascals case to a startling degree. Last year he married Patricia Kephart, the mother of a Little Rascals child, who Hart had become romantically involved with during his prosecution of the case. ‘If anything it’s made it more difficult on me,’ he says of his entanglement in the investigation.”

There are huge and obvious problems with Hart’s behavior, but his “difficult” personal consequences don’t rank high on the list.

Feb. 11, 2016

“Significant criminal justice reforms (are needed) to minimize the chances of wrongful prosecution in the future.

“Some might dismiss such goals as a liberal utopian ideal, but criminal justice reform is being embraced nationwide by tea party conservatives. Why? Because few things exemplify the overreach of an all-too-powerful government (better) than one that yanks away an individual’s freedom without legal justification….

“Conservatives in the heavily Republican Texas legislature have embraced some of the most far-reaching criminal justice reforms in the country….”

– From “Shame and joy behind 149 exonerations” in the St. Louis Post-Dispatch (Feb. 7 editorial)

And how is North Carolina’s own heavily Republican legislature taking up the cause of criminal justice reform? With the piously labeled Restoring Proper Justice Act, (text cache), which both conceals information on the drugs used for capital punishment and repeals a law requiring a physician be present.  Sponsoring Rep. Leo Daughtry railed against “roadblocks in front of the death penalty (that) have stopped us from using the punishment” for the past decade.

Had Daughtry had his way, death row inmates Henry McCollum and Leon Brown would long since have been executed – instead of exonerated and then pardoned by the same governor who blithely signed the Restoring Proper Justice Act into law.

May 26, 2018

“It’s one of the most telling shots in Ofra Bikel’s painstaking investigation into the Little Rascals child-abuse scandal in small-town North Carolina: As a convicted perpetrator [Bob Kelly] is taken away in a police car, children frolic nearby and chant, ‘I hate you, I hate you’, as their parents applaud and one adult says, ‘Let’s go get something to eat.’ ”

– From “Justice Abuse? `Frontline’ Documentary Takes Hard Look At A Small-town Scandal” by Bart Mills in the Chicago Tribune (July 20, 1993)

Dec. 28, 2013

End-of-year grab bag from the wide world of justice delayed:

● Thanks to Professor P. S. Ruckman Jr. at Pardon Power for posting my comments on Andrew Junior Chandler.

● Two glimmers of light on misrepresented “genital scarring” and other examples of junk science – from Texas of all places!

● In New York a remorseful former judge testifies against his own verdict.

● Recently uploaded onto Vimeo by the Alfred I. duPont Awards: a three-minute, full-screen excerpt from “Innocence Lost”. (The complete series can be viewed from the “Innocence Lost” page of this website in small-screen format.)

● Gov. McCrory proves himself able to dispense clemency to LaMonte Armstrong – can he find it in his heart to be similarly just to the no less innocent Junior Chandler?