July 22, 2016

“FARMVILLE, N.C. – Farmville’s only courtroom has never played host to a felony trial. This week, the town’s 4,000 residents will watch a parade of jurors, lawyers, psychologists, parents and children converge on that courtroom. There, they will unfold what may be the largest child sexual abuse trial this country has ever seen: the trial of Robert F. Kelly Jr. of Edenton.

“The trial was moved to this one-blink community in Pitt County, 65 miles west of Edenton in Eastern North Carolina, because of pretrial publicity.

“But the spotlight will find Farmville, if not for the unprecedented number of sexual abuse indictments, then for the sordid nature of the charges. And if not for that, then for the impact the trial – expected to last three to four months – could have on future large-scale child-abuse prosecutions.

“Jury selection is scheduled to start today….”

– From “Witnesses, jurors, lawyers mass for sexual-abuse trial” by Knight-Ridder News Service in the Baltimore Sun (July 22, 1991)

In fact, the trial would last nine months, not three or four.  Although prosecutors won initial convictions of both Kelly and Dawn Wilson, for whatever reasons – surely including the eye-opening effects of Ofra Bikel’s “Innocence Lost” trilogy – the nation was spared “future large-scale child-abuse prosecutions.”

April 13, 2015

D. Marsh McLelland, judge in the trials of Little Rascals defendants Bob Kelly and Dawn Wilson, died last month in Burlington. He was 94.

This laudatory obituary in the Greensboro News & Record barely mentions the most consequential case in McLelland’s career – “He was brought out of retirement by the state’s chief justice to hear the Little Rascals Day Care child sex abuse case….” – and this one in the Burlington Times-News mentions it not at all.

Had McLelland stayed retired, the prosecution of the Edenton Seven might well have been derailed early on.

The judge originally assigned to the case, L. Bradford Tillery, stepped down under pressure from Deputy Attorney General Bill Hart. Mark Montgomery, Bob Kelly’s appellate attorney, explains why:

“Hart did not like the way Tillery was handling the case.  The final straw was when Tillery ordered Hart to turn over the State’s interviews of those kids who were not the subject of indictments.  He did not order them given to the defense, as he should have done, but Tillery was going to look through them himself.  If he had, he would have seen that most of the kids at the day care, including Hart’s adoptive daughter, had said nothing happened and the jury would have heard about that.

“To prevent that, Hart filed motions accusing Tillery of being biased against the State. Rather than punishing Hart, Tillery took himself out of the case to avoid any appearance of partiality.  Enter McLelland.

“Because Tillery had already ordered the interviews turned over to the court, that was a done deal.  But McLelland never looked at them.  I stumbled across them in the exhibit room of the courthouse and informed the Court of Appeals in my brief.  The failure of the State to turn over to the defense the interviews of kids who said nothing happened was one of the grounds for a new trial for Bob.”

Tillery clearly was stung by Hart’s ploy: “I have served as a judge of Superior Court for over 20 years, and I never found it necessary to take such a step…. Neither have I ever been made to feel before that one side or the other considered me to be not only an adversary but also fair game …. for reckless assertions.”

If only Tillery had responded not by resigning but by sanctioning Hart for withholding evidence.

June 20, 2012

“The Little Rascals case still remains the greatest travesty of justice I’ve ever been associated with or seen or even heard about… since like 1960.”

– Joe Cheshire, attorney for Bob and Betsy Kelly (Triangle Business Journal, 1998)

June 5, 2013

“More than 50 parents of alleged child victims in the Edenton day care sex abuse case issued a statement Tuesday criticizing ‘Innocence Lost’ (after) reviewers in the national press hailed the show as a compelling portrait of a small town that may have become overcome with mass hysteria:….

“ ‘ “Innocence Lost” conveyed the false impression that parents of the children came to the conclusions of sexual abuse as a hysterical reaction to rumors of abuse.

“ ‘We, as parents, came to the devastating conclusion of the sexual abuse of our children after great reluctance and only after the most convincing evidence, evidence which could not be revealed in interviews for “Innocence Lost” and can only be revealed during the trials of the defendants.’

“Specifically, the parents faulted the show for:

• “Failing to make clear that parents could not discuss ‘the factual reasons for the determinations of sexual abuse’ because of pending trials.
• “Suggesting to viewers that three state-sponsored, local therapists were responsible for evaluating the children when ‘in fact, the children were evaluated by no less than eight independent therapists, none of whom live or practice in Edenton, N.C.’
• “Giving the impression that the families who used the day care center were a ‘prestigious group’ when they represent a ‘broad economic and social cross-section of the town of Edenton.’ ”

– From “Day care parents resent implications of hysteria” (News & Observer, May 15, 1991)

Most disingenuous is the Little Rascals parents’ claim that “the most convincing evidence… could not be revealed in interviews for ‘Innocence Lost’ and can only be revealed during the trials of the defendants.”

In fact, it was the parents themselves who had so excitedly “revealed” the supposed evidence and sent it coursing unchecked through the town’s consciousness, reproducing and mutating as it spread, and resulting in unimaginable tragedy.