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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March 25, 2023
Encouraging news, after 𝟑𝟔 𝐲𝐞𝐚𝐫𝐬 of unspeakable injustice:
On Aug. 28-30, Junior Chandler's lawyers with Duke's Wrongful Convictions Clinic will present evidence of his innocence at a hearing in Boone before Superior Court Judge Gary Gavenus.
Earlier, Judge Gavenus denied, without an evidentiary hearing, five of Junior’s seven claims supporting his innocence, but he ordered the August hearing on the last two:
1) that, during Junior’s trial in 1987 [background in first comment], prosecutors violated Brady v. Maryland, a federal constitutional requirement that they turn over evidence favorable to the defendant and withheld significant evidence demonstrating that Junior did not commit the crimes he was charged with – and that, in fact, no crimes ever occurred; and
2) that prosecutors allowed their most important witnesses to testify falsely, which Junior's lawyers could not prove without the Brady evidence being withheld.
These are powerful and well documented claims, deeply rooted in this country's promise of fair treatment for all defendants -- a promise that for Junior Chandler has remained broken since 1987.
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3 months ago

Junior Chandler's affect in a Boone courtroom over three days in late August gave few clues that the rest of his life was at stake.
Wearing an orange jumpsuit and wrist shackles, Junior sat composed and attentive a few feet in front of Superior Court Judge Gary Gavenus as half a dozen lawyers debated the 1987 trial that resulted in consecutive life sentences plus 21 years for the "satanic ritual abuse" of his Madison County day-care bus riders.
Occasionally he would wince at seeing video of a pediatrician or social worker struggling to defend their profoundly flawed testimony of 36 years ago.
I asked Junior what he would've told Judge Gavenus had he himself been called to testify. Here's what he wrote me from Avery-Mitchell Correctional Institution:
"My name is Andrew Edward Chandler Jr. I am 66 years old, and I have been been in prison since April 17, 1987, for crimes I am 100% innocent of!
"I have lost many of my family in that time. My son Andy is now 44 years old, son Nathan will be 40 this month. My Mom is 87 years old. My brother Robert, who took care of Mom, passed away on June 12th, the day before her birthday.
"How much time is enough when there was only hearsay evidence that convicted me! I can only Hope and Pray that Justice will finally come my way and I will have the chance to get to know my sons and grandkids and great grandsons one day!"
It's been almost four months since Junior's hearing in Boone -- and 2.5 years since Judge Gavenus received his Motion for Appropriate Relief. Is it too much to expect that Junior be granted that relief before beginning yet another year behind bars?
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3 months ago

Notes from this week's evidentiary hearing in Boone on Junior Chandler's Motion for Appropriate Relief (background in first comment):
"𝐒𝐡𝐨𝐰 𝐌𝐨𝐦𝐦𝐲 𝐰𝐡𝐚𝐭 𝐉𝐮𝐧𝐢𝐨𝐫 𝐝𝐢𝐝."
-- Bus rider being prompted in interview with social worker Linda King (reported in the original transcript, but omitted from the prosecution's trial summary)
"𝐓𝐡𝐞𝐲 𝐤𝐧𝐞𝐰 𝐢𝐭 𝐰𝐚𝐬 𝐚 𝐟𝐫𝐚𝐮𝐝 𝐚𝐧𝐝 𝐭𝐡𝐞𝐲 𝐝𝐢𝐝𝐧'𝐭 𝐜𝐨𝐫𝐫𝐞𝐜𝐭 𝐭𝐡𝐞 𝐫𝐞𝐜𝐨𝐫𝐝."
-- Jim Coleman, noting prosecutors' violation of the Brady Rule against withholding evidence
"𝐀𝐥𝐥 𝐭𝐡𝐢𝐬 𝐡𝐚𝐬 𝐛𝐞𝐞𝐧 𝐥𝐢𝐭𝐢𝐠𝐚𝐭𝐞𝐝 𝐚𝐥𝐫𝐞𝐚𝐝𝐲."
-- John Honeycutt, assistant DA for Madison County, dismissing the defense's claims as irrelevant
"𝐘𝐨𝐮'𝐯𝐞 𝐥𝐨𝐬𝐭 𝐲𝐨𝐮𝐫 𝐜𝐨𝐦𝐩𝐚𝐬𝐬 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐞 𝐜𝐚𝐬𝐞."
-- Superior Court Judge Gary Gavenus, scolding the defense for straying beyond the limits of subject matter he had authorized
"𝐓𝐡𝐞𝐫𝐞 𝐚𝐫𝐞 𝐝𝐚𝐲𝐬 𝐢𝐧 𝐅𝐞𝐛𝐫𝐮𝐚𝐫𝐲 𝐭𝐡𝐚𝐭 𝐚𝐫𝐞 𝐰𝐚𝐫𝐦."
-- Social worker King, insisting that one of Junior's bus riders actually could've fallen into the French Broad River, as claimed, without her parents noticing anything amiss when she arrived home.
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3 months ago

Hi Mr. Powell:
"Well, it's rained here all day, so no yard time! We had a good meal for Christmas, roast beef, mashed potatoes, salad, bean salad, chocolate cake for dessert. I watched NFL games on TV. No mail until Thursday....
"We go back to work on Thursday in Maintenance! We're supposed to get a little snow on Friday -- hope we get a good one! [Junior Chandler's favorite job is driving the snow plow.]
"Tell all your family to have a Happy New Year 2024. I believe this is my time to go home. My granddaughter is expecting a boy this week! Wish I could be there, but maybe soon!"
Andrew Edward Chandler Jr.
0072555
NC DAC Avery-Mitchell Correctional
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3 months ago
 

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


 

What better credential than Little Rascals debacle?

Sept. 30, 2013

Death noted: District Attorney Frank Parrish, 64, who succeeded H. P. Williams Jr. in prosecuting the Edenton Seven.

By the time Parrish took office in 1994, Little Rascals had become almost entirely a Nancy Lamb production. Whatever Parrish actually believed, the prosecutors’ code demanded that he continue to insist that the case was concrete-solid.

But as a growing body of scientific evidence called into question the testimony of child witnesses in ritual-abuse cases, Parrish had to decide how to respond to the overturning of the convictions of Bob Kelly and Dawn Wilson. “I’ve gotten an awful lot of guidance, none of it solicited,” he told the Charlotte Observer. “(Research) does not play a part, nor should it. That’s as if because there’s research about the unreliability of eyewitnesses, I should dismiss or not retry an armed robber.”

By 1997 Parrish and Lamb could no longer delay dropping the last Little Rascals charges. And who now might succeed Parrish as district attorney? Unfortunately, you won’t be surprised.

The truth about justice – as seen on TV!

Lisa Kern Griffin

dukemagazine.duke.edu

Lisa Kern Griffin

Jan. 29, 2016

“The release last month of ‘Making a Murderer’ capped a year in which popular culture’s portrayal of the criminal justice system seems to have shifted. Out with the old tropes about truth-seeking investigators and tidy resolutions; in with the disquieting, dysfunctional reality of many courtrooms and police stations….

“Yes, post-conviction DNA testing and the work of Innocence Projects around the country have exonerated more than 1,700 defendants. Those cases heighten awareness of potential errors and demonstrate that wrongful convictions happen. But Americans shouldn’t expect certainty about innocence. Sometimes the focus on finding new evidence to exonerate distracts from the question of whether the old evidence proved guilt….

Read more here. Cached here.

“Fewer than 70,000 federal felonies are prosecuted each year, while roughly 2.5 million felonies proceed through the state courts. Many state cases involve near-simultaneous investigation and prosecution. One rarely finds out ‘what really happened.’

“The prosecutor in Avery’s trial argued in his closing statement that ‘reasonable doubts are for innocent people.’ They are not. And procedural protections like access to defense counsel and freedom from coerced interrogations extend to both the innocent and the guilty. The real contribution of these documentaries is not to ask ‘whodunit’ but to reveal what was done to defendants….

“The United States criminal justice system needs fewer guilt-assuming interrogation tactics, more disclosure of potentially exculpatory information to the defense, expanded oversight units within prosecutors’ offices to investigate potential miscarriages of justice and fuller appellate scrutiny of convictions.

“The moment is ripe for reform, culturally and politically….”

– From by “ ‘Making a Murderer’ Is About Justice, Not Truth” by Lisa Kern Griffin, Duke Law professor and former federal prosecutor, in the New York Times (Jan. 12)

Will this heightened skepticism about the nation’s justice system ever trickle down to exonerate the Edenton Seven and free Junior Chandler?

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Piaget experienced reality of false memory

130104PiagetJan. 4, 2013

“Psychologist Jean Piaget reported that his earliest memory was of his nurse defending him against a potential kidnapper at age two. He distinctly recalled sitting frightened in the baby carriage while the nurse fought off the man (incurring a scratch on her face in the process), and the police officer chasing away the kidnapper with his short white baton. Piaget was even able to describe the officer’s uniform in detail. His family, relieved that the nurse had prevented his kidnapping, rewarded her with a gold watch.

“Thirteen years later, the nurse returned the gold watch to the family accompanied by a letter confessing that she had made up the story because she wanted to raise the family’s opinion of her.

“Piaget used this false memory to emphasize the role of others’ influences on one’s memories. He noted that the nurse frequently had recounted the story in his presence, and others then had repeated the story in his hearing, thus creating the memories he had adopted as his own.

“Piaget noted that even in his old age those memories persisted as clear events, even though he knew them to be false.”

– From “The Encyclopedia of the Brain and Brain Disorders” by Carol Turkington and Joseph Harris (2009)

Given this phenomenon of memory, it’s hardly surprising that no child-witness against the Edenton Seven has stepped forward to publicly recant.

‘What may be the largest child sexual abuse trial this country has ever seen’

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.

140120TwentyFive“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.”

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