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….


 

Are mistaken prosecutors silenced by shame?

150131RussellJan. 31, 2015

“ ‘You need to try to rectify whatever error you made,’ says Santa Clara County, California, Special Assistant District Attorney David Angel. ‘But it needs to really shift from this kind of highly moralistic, punitive view. Maybe it’s a cause for embarrassment, but it’s not a cause for shame.’

“He believes prosecutors have drawn the short straw in language, noting that defense attorneys who err are called ‘ineffective’ and judges are ‘reversed,’ while prosecutorial error alone is labeled ‘misconduct,’ with all the attendant negative connotations.

“Angel believes that most prosecutors are willing to admit to mistakes but that ‘people are very hesitant to admit to something that’s called “misconduct,” because it makes you feel like you did something morally wrong.’ ”

– From “Why can’t law enforcement admit their mistakes?” by Sue Russell at Pacific Standard (via Salon, Oct. 21, 2012)

The concept becomes trickier, however, the longer prosecutors cling to their fallacious and costly narratives. At some point – oh, let’s say 25 years later – might “mistakes” have toxified into “misconduct”?

‘You don’t just brush off 24 years of a man’s life’

121012Gaither2Oct. 12, 2012

The exoneration of Willie Grimes warms my heart, and not just because the 66-year-old parolee has become “Free at last!” after a 1987 rape conviction in Hickory.

As often lamented on this site, prosecutors such as those in the Little Rascals case simply refuse to acknowledge, much less take responsibility for their mistakes.

In the Grimes case, however, District Attorney Jay Gaither told the Innocence Inquiry Commission panel, “The State cannot argue any conclusion other than for innocence in the case of Willie Grimes,” then rested the state’s case and sat down.

Afterward, he explained that “In this week’s presentation of evidence we counted no less than 35 pieces of evidence and testimony in support of innocence…. The fact that the three-judge panel was so emphatic in its conclusion and decision only strengthens the confidence I have in our decision.”

121012GrimesBut Gaither went even further, on camera and rebroadcast by WSOC-TV: “On behalf of the district attorneys of North Carolina, I want to offer an apology to Willie Grimes.”

Yes – an apology!

Although the Grimes conviction occurred long before Gaither took office in 2002, DAs often feel compelled to defend even their predecessors’ performance. As former New York prosecutor Bennett Gershman has observed, “The prosecutor can’t do anything that undermines the public’s confidence in the prosecutor’s office. Once the public begins to doubt that prosecutors convict guilty people – that there may be mistakes in the system – that undermines confidence in the prosecutor….”

Gaither took the opposite approach. “You don’t just brush off 24 years of a man’s life and go on,” he told me Wednesday. “A series of events denied Mr. Grimes a fair trial. Closure was required.

“I wanted the public, as well as Mr. Grimes, to know that we weren’t just beat down, but that we were actually sorry.” (Click Gaither’s picture above to watch the broadcast that includes video of the courtroom apology.)

Also notable is how Gaither framed his apology: “I was speaking not so much for district attorneys as individuals, as for the State of North Carolina…. Only 44 of us have that right to say ‘The state says….’ ”

In this case, that right was admirably used. Would that it happened more often.

‘Where is psychotherapists’ mea culpa?’

140207LettersFeb. 7, 2014

A sampling of responses to the recent reporting and comments of Richard Noll and Allen Frances about psychiatry’s costly failure to reject the cult of “satanic ritual abuse”:

■  ■  ■

“Kudos to Dr. Frances….  Fortunately, repressed memory therapy is much rarer nowadays (though I still hear of new cases, to my amazement and chagrin), but where are the psychotherapists saying ‘mea culpa’? I know of precisely two therapists who have had the ethics and courage to go public and apologize for their misguided belief in repressed memories and the harm they did to their clients.

“The bad interviewing technique and rush to judgment that caused the day care sex abuse hysteria has simply morphed into individual cases of false allegations, often related to divorce/custody battles or teenagers seeking revenge, and other reasons. Whenever anyone is accused of sexual abuse, they are assumed guilty until proven innocent. See www.ncrj.org for examples.

“I am also very glad that Dr. Frances has called attention to the outrageous case of Junior Chandler. I hope pressure mounts to secure his release, finally.”

– Mark Pendergrast

■  ■  ■

“Thanks for sending (Dr. Frances’s post).  Really good for my grad class with clinical students.“

– Catherine Caldwell-Harris

■  ■  ■

“I’m glad Dr. Frances is speaking out – he has credentials that can’t be easily dismissed…

“How do we push for the total exoneration of those so needlessly prosecuted? I would join in that venture.”

– Moisy Shopper

■  ■  ■

“How unfortunate that journal editors refuse to get their hands dirty, even though their journals are already saddled with something dirty in their pasts.”

– W. Joseph Wyatt here and here

■  ■  ■

“It is hard to stir up interest in moral panics that have faded from view. Only a small number of individuals continue to take note. While most incarcerated individuals have some champions and have escaped continued imprisonment, there are always tragic cases of individuals who essentially become nonpersons.

“The good news is that the moral entrepreneurs are on the run at this point, but there are still some out there and the potential for trouble remains.”

– David G. Bromley

■  ■  ■

“Is there any hope of starting a online petition to urge (Attorney General Roy) Cooper to do the right thing?

“Of course, now that he is running for governor he probably doesn’t want the Tea Party to say that he is a pedophile-lover.”

– Debbie Crane

■  ■  ■

“If only Cooper could see doing the right thing as an asset to his gubernatorial campaign….”

– Ed Cone

Edenton Seven can’t wait forever for exoneration

Sept. 1, 2014

The recent deaths of Little Rascals figures Patricia Kephart Hart (obituary cached here) and C. Harvey Williams remind me that the clock is ticking on the defendants as well. (Patricia Kephart, mother of one of the potential child-witnesses, dated and later married Assistant Attorney General Bill Hart; Williams was Edenton police chief.)

Others who have since died include Kirk Osborn, appellate lawyer for Dawn Wilson, and Bradford Tillery, the judge originally assigned to the case.

Let’s hope that none of the Edenton Seven, still awaiting exoneration from the state, shares the fate of Connie Tindall of the Wilmington 10.