July 4, 2012

“The state has done me wrong and imprisoned me for over six years,” Bob Kelly said in 1995 after his conviction was overturned and prosecutors were deciding whether to try him again.

“They want me to take a plea so they can save face. It will never happen.”

Oh, how the prosecution dreamed of at least one of the Edenton Seven rolling over, pointing a finger at a fellow defendant.

Never happened, despite their being held under vague charges for endless months – and later offered every inducement short of a trip to Disney World.

Even when Betsy Kelly and Scott Privott took pleas to reduce their prison time, they continued to insist on their innocence.

There’s painfully little to admire in the story of the Little Rascals case, but the defendants’ strength under pressure was extraordinary.

June 18, 2014

“I was disappointed to see that one of the most celebrated cases of this time was mentioned in (Ross Cheit’s) book but not analyzed. The Little Rascals case from Edenton, N.C., was the focus of a documentary by well-known filmmaker Ofra Bikel, whose reputation was challenged by her film, ‘Innocence Lost.’

“Bikel opined that the owners of the Little Rascals Day Care center were railroaded by children who made wildly incredible claims. For example, Bikel showcased the testimony of a little girl who said she’d been molested on a spaceship. When asked on cross-examination whether the spaceship was ‘real,’ the child said ‘yes.’ Bikel omitted crucial context on that. On re-direct examination about the spaceship the little girl explained that the day care center had taken the kids to a carnival and that the child had been molested on one of the spaceship rides.

“That particular story isn’t in this book, but it is packed with many like it. Even the most skeptical reader will find it difficult to deny that they were snookered by the media coverage to some extent, which means someone owes an awful lot of abused children an apology.”

– From “ ‘Witchhunt Narrative’ Retells ’80s Day Care Abuse” by Wendy Murphy at WeNews (May 23, 2014)

If you know Wendy Murphy from her frequent appearances on cable news channels, variously labeled as “legal expert,” “former sex crimes prosecutor” or “victims advocate,” then you aren’t surprised to see her so confidently weigh in on Cheit’s book. Neither are you surprised to see her so casually disdain the facts of the case. Take, for instance, her analysis of the Duke lacrosse case: “I never, ever met a false rape claim, by the way. My own statistics speak to the truth.”

See also “Why Cable News Never Punishes Liars” by Alex Pareene at Salon (Aug 12, 2010) and “The Wendy Murphy File”at Durham-in-Wonderland (Dec. 31, 2006).

So Ofra Bikel’s “reputation was challenged” by “Innocence Lost”? What does that mean? The same “Innocence Lost” that led to her winning a John Chancellor Award, a duPont-Columbia Award and an Emmy?

Murphy then cherry-picks the spaceship anecdote as if the child’s having earlier visited a carnival somehow confirms that she “had been molested on one of the spaceship rides.”

Was the carnival similarly responsible for Witness A’s testifying that Kelly put a candle and a burning flower stem in his “number two”…. that he was on a tugboat with Kelly…. that Kelly tried to shoot an apple off another child’s head….that he and the other child were hung up in a bag in a tree?….

And was it responsible for Witness B’s testifying that Kelly made him put a Magic marker in another child’s butt… that Kelly tried to push him onto a fire in the woods…. that he saw a lion and a “real bear” in the woods…. that Betsy Kelly ran around the day care brandishing a knife?…..

And what about Witness C’s testifying that Kelly put his gun in her mouth…. that Kelly gave her pills that made her sleepy….. that another day-care worker beat four babies until blood came out of their eyes?….

Must have been some carnival.

Dec. 10, 2012

I’ve been surprised – naively, I suppose – by the refusal of professional journals such as Nursing Research, Child Abuse & Neglect and Relational Child & Youth Care Practice to retract articles that supported the moral panic of ritual abuse in day cares.

The editors’ common justification is that they published no “specific errors,” such as citing the Little Rascals case by name. This seems to me a narrow and disingenuous view. These articles are wrong to the bone, as wrong as if they had been based on cold fusion or the Protocols of Zion.

Here’s what the Charlotte Observer, my former employer, had to say in 2006 about how it had contributed to the infamous Wilmington coup d’etat of 1898:

“An apology is inadequate to atone for the Observer’s role in promoting the white supremacist campaign. But an apology is due….

“We apologize to the black citizens and their descendants whose rights and interests we disregarded, and to all North Carolinians, whose trust we betrayed by our failure to fairly report the news and to stand firmly against injustice.”

Newspapers, as “the first rough draft of history,” enjoy and deserve some leeway in reaching their standards of accuracy. But the editors at the Observer (and other participating North Carolina dailies) didn’t quibble over “specific errors.” They addressed the root defect in their coverage. Is it too much to expect the same from the editors of professional journals?

Jan. 20, 2016

“The Jan. 15 editorial ‘The limits of zeal’ contrasted the penalty given Christine Mumma with the absence of rebuke to prosecutors for the ‘massive failure’ that kept her client wrongfully imprisoned for more than 36 years.

“It is not enough simply to point out this shameful disparity. The public embarrassment resulting from the hearing should move the North Carolina State Bar to empower a separate disciplinary panel to deal only with prosecutorial excesses. Such a panel would not lack for business.”

– From “A Panel for Prosecutors,” my letter to the editor of the News & Observer  (Jan. 19) (text cache)