Rascals case in brief

In the beginning, in 1989, more than 90 children at the Little Rascals Day Care Center in Edenton, North Carolina, accused a total of 20 adults with 429 instances of sexual abuse over a three-year period. It may have all begun with one parent’s complaint about punishment given her child.

Among the alleged perpetrators: the sheriff and mayor. But prosecutors would charge only Robin Byrum, Darlene Harris, Elizabeth “Betsy” Kelly, Robert “Bob” Kelly, Willard Scott Privott, Shelley Stone and Dawn Wilson – the Edenton 7.

Along with sodomy and beatings, allegations included a baby killed with a handgun, a child being hung upside down from a tree and being set on fire and countless other fantastic incidents involving spaceships, hot air balloons, pirate ships and trained sharks.

By the time prosecutors dropped the last charges in 1997, Little Rascals had become North Carolina’s longest and most costly criminal trial. Prosecutors kept defendants jailed in hopes at least one would turn against their supposed co-conspirators. Remarkably, none did. Another shameful record: Five defendants had to wait longer to face their accusers in court than anyone else in North Carolina history.

Between 1991 and 1997, Ofra Bikel produced three extraordinary episodes on the Little Rascals case for the PBS series “Frontline.” Although “Innocence Lost” did not deter prosecutors, it exposed their tactics and fostered nationwide skepticism and dismay.

With each passing year, the absurdity of the Little Rascals charges has become more obvious. But no admission of error has ever come from prosecutors, police, interviewers or parents. This site is devoted to the issues raised by this case.

 

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Today’s random selection from the Little Rascals Day Care archives….


 

What? A journal willing to retract?

140305Conte2March 6, 2014

First of three posts

Psychiatric Times isn’t the only professional journal to avoid reexamining the “satanic ritual abuse” era.

Other examples include Nursing ResearchChild Abuse & Neglect and Relational Child and Youth Care Practice. The editors of each of these journals turned down my requests to retract their articles supporting and promoting the SRA moral panic.

One editor did offer a glimmer of willingness: Jon Conte at the Journal of Interpersonal Violence.

The road to publication, however, has proved long and bumpy and ultimately – spoiler alert – a dead end.

Here are excerpts from my correspondence with Dr. Conte, who is a professor in the School of Social Work, University of Washington:

Powell (Oct. 30, 2012):

Hello Dr. Conte….

I am an independent researcher and blogger in Charlotte, North Carolina. My goal is to obtain a statement of innocence for the Edenton Seven, the wrongfully prosecuted defendants in the Little Rascals Day Care case (1989-1997).

In December 1989 the Journal of Interpersonal Violence published the article “Stress Responses of Children to Sexual Abuse and Ritualistic Abuse in Day Care Centers” by Susan J. Kelley.

In December 1990 the Journal published the article “Ritualistic Child Abuse in a Neighborhood Setting” by Barbara Snow and Teena Sorensen.

Can you tell me whether the Journal ever published a retraction for these articles? And if not, would it consider doing so now?

Conte (Oct. 30, 2012):

I do not believe JIV (ever) published a Comment on this 1989 manuscript.  I would not prejudge any submission so long
as it is consistent with the overall mission and focus of the journal.  A comment on a previous article, even years after publication would certainly be reviewed.  Any submission must be scholarly and consistent with the purpose of knowledge development or dissemination.  Your use of the term “recantation” (actually, “retraction”) would appear to suggest an advocacy purpose and that purpose alone would not be appropriate for a manuscript we would review.

Powell (Nov. 12, 2012):

I apologize for not having been clearer in my request.

What I am seeking is not a recantation but a simple, concise retraction by the editors, acknowledging that the concept accepted and promoted in these two articles – ritual abuse in day cares –  was in fact entirely a product of a moral panic.

I am not an academic or professional, but I believe an examination of the literature in the intervening years would fully support such a retraction.

This passage is from the Retraction Guidelines of the Committee on Publication Ethics: “Retraction is a mechanism for correcting the literature and alerting readers to publications that contain such seriously flawed or erroneous data that their findings and conclusions cannot be relied upon. Unreliable data may result from honest error or from research misconduct.”

Does the Journal of Interpersonal Violence want to leave these articles as its last word on the era of unfounded claims of ritual abuse in day cares?

Conte (Nov. 13, 2012):

As I said before we would accept a letter to the Editor or longer manuscript.  The letter would not be peer reviewed.
The longer manuscript would be.

Science and knowledge progress slowly.  There are many things which are published in good faith, blindly reviewed, and found acceptable for publication.  Then some years later with more research, experience, or knowledge what was once acceptable is seen in a new light.  I am not saying this has taken place with the manuscript you have identified.  It is not my intent to review previously published work in light of the change in times.

If you wish to write a letter for publication I am happy to work with you in that effort.

Powell  (Nov. 13, 2012):

I appreciate your thoughtful response. As much I would prefer a retraction – professionally researched and peer-reviewed – I appreciate your offer to consider a letter to the editor. Here is what I’d like to say:

“In December 1989 the Journal of Interpersonal Violence published ‘Stress Responses of Children to Sexual Abuse and
Ritualistic Abuse in Day Care Centers’ by Susan J. Kelley.

“In December 1990 it published ‘Ritualistic Child Abuse in a Neighborhood Setting’ by Barbara Snow and Teena
Sorensen.

“Both these articles endorsed and promoted a concept – satanic (or sadistic) ritual abuse in day cares – that subsequent research has proven to be entirely false. Today no respected social scientist will argue otherwise.

“The Little Rascals and McMartin cases were but two manifestations of this moral panic of  the 1980s and early 1990s. Less publicized prosecutions occurred across North America and as far away as New Zealand and Germany.

“Untold harm was done to defendants, families and child-witnesses.

“The Journal of Interpersonal Violence should not allow these articles to stand as its last word on claims of day-care ritual abuse.”

Conte (Jan. 18, 2013):

I would suggest you consider several additional points:  1) you cite research which proves ritual abuse “false.”  I don’t think you need to do a comprehensive research review, but since JIV is a scholarly journal, you should cite some of the research you are referring to.  I am not sure that this research “proves” that RA does not exist but rather raises questions.

You might also make reference (if true) that no law enforcement investigation has every uncovered evidence that such “cults” exist.  You also need to specify the harm that you feel these articles did.  For example, does the term RA in the title imply belief that RA exists?  I don’t think you have to prove some harm, but be specific in what you believe the harm is.

Also, and perhaps more importantly, if there are issues within the articles (i.e., not just the title) then describe what you see as the conceptual, methodological, etc., problems.

We are probably going to invite the authors to respond, and if they choose to do so I will share their responses
before we publish your letter or their responses.

Powell (Jan. 25, 2013):

I appreciate your guidelines and hope to produce something that is not only publishable but also contributes to discussion of this issue.

Conte (Sept. 4,  2013):

I am happy to work with you….

Next: My second attempt to make my case in the Journal of Interpersonal Violence.

‘And believes to this day she was molested….’

131007KelleyOct. 7, 2013

“Today (in 2001), few contend that the interview techniques used at the outset of the Fells Acres child abuse investigation, in 1984, were proper and reliable. Middlesex County (Mass.) prosecutors admitted to appellate judges in the 1990s that those techniques – characterized by repeated suggestive questioning about molestation despite initial avowals by the children that nothing of that kind occurred – would not be employed today.

“In 1998, Superior Court Judge Isaac Borenstein ruled that under current Massachusetts law, the manner in which the Fells Acres children were first interrogated would have constituted grounds to have the case dismissed.

“That questioning included hundreds of taped episodes such as this:

  • Pediatric interviewer (Susan J. Kelley): “Did the clown touch you?”
  • Child witness: “No. …”
  • Interviewer: “You said the clown took your clothes off. …”
  • Child: “Yeah. …”
  • Interviewer: “What happened?”
  • Child: “Well, nothing really.”
  • Interviewer: “Did the clown touch … Will you show me if the clown touched any part of you?”
  • Child: “No, he didn’t touch me.”

“The child interviewed in the above example testified against Gerald Amirault at his 1986 trial, and believes to this day that she was molested by an ‘evil clown.’ ”

– From “Memories questioned, but victim still certain of ‘evil’…. Studies say kids can be easily led” by Tom Mashberg in the Boston Herald (July 8, 2001)

So what happens to the professional prospects of a “pediatric interviewer” whose ludicrously biased questioning led to the conviction of not only Gerald Amirault, but also his mother and sister?  In the short term, Susan J. Kelley had to endure even her prosecutorial allies disavowing her “suggestive techniques.”

Soon, however, Kelley’s career was back on track,  unimpeded by the tragedy wrought by her blindered incompetence. She has never apologized…. although her lengthy current resume does omit mention of her role in the day-care ritual-abuse hoax, either as a prosecutorial interviewer or as an academic apologist.

What made Mark Everson an expert witness?

120702Everson1July 2, 2012

Perhaps the prosecution’s most influential expert witness during the 1992 trial of Bob Kelly was psychologist Mark Everson, director of the Program on Childhood Trauma and Maltreatment in UNC Chapel Hill’s department of psychiatry.

Here’s how Everson responded to a defense expert’s testimony that children are suggestible and should not be repeatedly interviewed: “It’s kind of naïve. It’s the kind of statement you really wouldn’t make if you worked with these kids.”

In a Charlotte Observer interview 10 years later, Everson seemed unmoved by the continuing wave of scientific research exposing the fallacy of “Children don’t lie.” He said he found it hard to believe that every Little Rascals child-witness had been badly interviewed and confused: “There’s so much smoke there, it’s hard to imagine there’s no fire.”

Where there’s smoke there’s fire?

Good lord. I wasn’t surprised to hear such naivete from a juror – “Something must have happened,” one told Ofra Bikel — but from a respected UNC faculty member whose opinion influenced whether Bob Kelly would be convicted and imprisoned?

Last week I emailed two questions to Everson at his Chapel Hill office:

– Have you changed your mind?

– How much credence do you give researchers such as Ceci and Bruck who have demonstrated the unreliability of child-witnesses?

I’ve yet to hear back.

But it’s hard to optimistic about a possible reassessment when Everson continues to choose Kathleen Coulborn Faller as his most frequent coauthor.

‘Evidence too compelling to dismiss’? Really?

121001SchumacherOct. 1, 2012

“Since 1983, public and professional interest in maltreatment of young children in day care has increased dramatically. It was then that children first began disclosing allegations of sexual and ritual abuse in the McMartin preschool.

“Although accounts of children being terrorized during satanic rituals seemed bizarre and unbelievable, alarmingly similar allegations against child care facilities throughout the United States prompted public officials, educators and parents to more fully examine the phenomenon. The sheer number of reports and amount of information collected (for legal and therapeutic purposes) provided a rich data base for study.

“Children reporting ritual abuse (RA) have described ceremonial animal and human mutilation and sacrifice, live burial, sacrificial participation or witness, ingestion of human blood, feces, urine and semen, and death threats should they disclose the abuse.

“It should be noted that some doubt the existence of RA….  The prevailing literature since the McMartin case, however, demonstrates that researchers find the evidence too compelling to dismiss…. Perhaps the most reasoned yet sensitive approach to validation is neither unquestioned acceptance nor unequivocal denial, but critical judgment….”

– From “Variables and risk factors associated with child abuse in daycare settings” by Ruth B. Schumacher and Rebecca S. Carlson in Child Abuse & Neglect: The International Journal (September 1999)

Predictably, the references listed by Schumacher and Carlson include an old-school Who’s Who of bad science: e.g., Kathleen Coulborn FallerDavid Finkelhor (misspelled “Finklehor”), and Susan J. Kelley (misspelled “Kelly”).

But the authors also cite skeptics Jeffrey S. Victor (“Satanic Panic”), David Bromley and Lee Coleman.

How can this be? How can Schumacher and Carlson have been exposed to such persuasive debunking, yet conclude that “neither unquestioned acceptance nor unequivocal denial” is called for?

Big Tobacco realized early on that instead of beating back every new attack on smoking’s health risks, it needed only to frame the issue as a continuing “controversy” with “two sides.” But what possible advantage accrues to social scientists who take that approach?