May 9, 2012

“A Question of Innocence: A True Story of False Accusation” by Lawrence D. Spiegel was published in 1986, but this passage – lamenting plea-bargains by those falsely accused of assaulting children – applies exactly to Little Rascals:

“The innocent often fall prey to the waiting hands of the prosecutor and plead guilty to a lesser charge, just to put an end to the ordeal and to the separation from a child.

“Prosecutors, as a result of over-zealousness to protect the child, blind ambition to further a career or a number of other reasons, will do ‘strange’ things for a conviction. It is always to the prosecutor’s benefit to get a guilty plea, even to a lesser charge. Sometimes the prosecutor will wait until the accused is emotionally and financially drained, then the plea bargain offer is made….

“Some falsely accused are so battered and beaten, they accept the humiliation and anger and take the deal. Often this occurs with the consent of the victim’s attorney…. The stigma of the bargain will remain forever.”

June 21, 2013

From blog commenter Mike:

“I’d seen the ‘Frontline’ episodes long ago, before I moved to North Carolina. I was surprised to learn, when I recently revisited the case, that this travesty happened in a state I love.

“For historians who might want to get a taste of what it was like to live in Salem in the late 17th century (or, to invoke a less well-known era, Germany of the 15th century), this staggering case would serve them well…. The unrepentant prosecutors, ignorant ‘therapists’ and others who ruined the lives of the defendants must not be allowed to be forgotten.”

Mike’s reference to the infamous Malleus Maleficarum, published in 1484 by two German friars to squelch skepticism about the existence of witchcraft, is painfully apt. Just substitute “satanic ritual abuse” for “witchcraft,” and – poof! – up in smoke go five centuries of the ascent of man.

Feb. 1, 2012

The HBO documentary “Paradise Lost 3: Purgatory”  surely deserves its Oscar nomination, although the only edge it holds over Ofra Bikel’s “Innocence Lost” trilogy of the ’90s is its happy-tears finale: the three defendants walking out of prison.

After much lawyering, the West Memphis Three in August accepted an Alford plea that allowed them to go free,  while protecting the state of Arkansas from a wrongful-imprisonment  suit and the national embarrassment of a retrial.

I had to laugh at this exchange from the ensuing press conference:

Reporter: “Will the state continue to investigate this case if additional information is brought forth, or is the case closed?”

Prosecutor Scott Ellington: “I have no reason to believe there was anyone else involved in the homicides of these three children but the three defendants who pled guilty today.”

Defense attorney Dennis Riordon: “Does anyone believe that if the state had even the slightest continuing conviction they were guilty that it would have let these men go free today?”

If H.P. Williams Jr., Nancy Lamb and Bill Hart were watching – unlikely, given the spotlight shone on unjust prosecution – no doubt they would have admired Ellington’s resolve in the face of reality.

Oct. 26, 2011

“Many of the investigators in the Little Rascals case (seem to have been) poised to find allegations of sexual abuse.

“The seeds of this case may have been sown in the spring of 1988, months before the first allegations of child sexual abuse…. At a 3-day conference in the Outer Banks town of Kill Devil Hills, law enforcement and social services workers convened to learn about the dangers of child molesters operating day-care facilities.

“The seminar was co-sponsored by a counseling group and assisted by Judy Abbott, a social worker who would become one of the most active therapists for the child victims in this case. The featured speaker was Ann Burgess, editor of the book ‘Child Pornography and Sex Rings’ (1984).

“Also attending were H. P. Williams, who would co-prosecute the case, and Brenda Toppin, the Edenton police officer who was first to interview most of the children in the case and to advise parents of their abuse.”

– From “Jeopardy in the Courtroom: A Scientific Analysis of Children’s 
Testimony” by Stephen J. Ceci and Maggie Bruck (1995)