Aug. 14, 2013

“FARMVILLE – A juror in the trial of Robert F. Kelly Jr. testified Wednesday that it was an ‘amazing coincidence’ that information from a magazine article appeared in his notes about jury deliberations.

“Dennis T. Ray insisted during a hearing on Kelly’s bid for a new trial that he did not use information from a Redbook article about child molestation to evaluate Kelly’s guilt. Ray denied that he compared Kelly to characteristics of a molester listed in the article.

“But defense attorney David Rudolf vigorously attacked Ray’s credibility by referring to notes Ray made during the deliberations. Rudolf cited numerous phrases from the magazine article, such as ‘vast amount of child pornography’ and ‘sex fiend’ which were identical to phrases in Ray’s notes.

“Rudolf, his voice rising, asked Ray whether it was just coincidence that so many phrases from the magazine appeared word-for-word in his notes. Ray replied that ‘it must be’ because jurors did not have the article in the jury room. ‘The only explanation you have for this is that it is an amazing coincidence?’ Rudolf asked. ‘Yes, sir,’ Ray said.

“In another sharp exchange, Rudolf questioned Ray’s contention that he did not describe the article in an interview with a producer for (“Innocence Lost”). Ray said he told her (only) that there were books in the jury room. Rudolf: ‘You are under oath, sir.’ Ray: ‘I do not remember saying that to her. No, sir.’ Rudolf: ‘Did you say it or not? You are under oath.’ Ray: ‘I do not believe that I did.’

“Rudolf then played video tapes of the program that showed Ray describing the article. Ray said after viewing the video that he did not remember it.”

– From “Kelly lawyer attacks juror’s credibility” in the News & Observer (Jan. 20, 1994)

Dennis T. Ray seems to have been quite a loose cannon in the jury room. In addition to the “amazing coincidence” of the Redbook article, Ray also (according to other jurors cited in Bob Kelly’s appellate brief) “made visits to Edenton despite instructions by the trial court not to.

Mr. Ray also claimed to have talked with an inmate at Eastern Correctional Institution. According to Mr. Ray, the inmate, a convicted child molester, claimed to know Bob Kelly, and to have personal knowledge of Mr. Kelly’s guilt. The jurors said that Mr. Ray also displayed some sort of object that he claimed to be a ‘magic key’ referred to by several children.”

Unpersuaded that any of this mischief might have contaminated the jury’s decision-making, Judge Marsh McLelland rejected Bob Kelly’s motion for a new trial.

Aug. 28, 2013

“It’s not by chance that day care centers are the sites of magical molestation, and not public schools with their powerful lobbies and unions…. Those primary and secondary school teachers’ organizations provide protection and security for their members, much as the AMA protects doctors and the ABA protects lawyers.

“It’s only you – a day care teacher – who has no protection at all. If hysterical parents gang up and attack you, you are as helpless as a clay pigeon in a shooting gallery.”

– From “Magical Child Molestation Trials: Edenton’s Children Accuse” by Margaret Leong (1993)

Dec. 14, 2011

Among the leaders of the Committee for Support of the Edenton Seven was Doug Wiik, whose own Breezy Point Day School in Bucks County, Pennsylvania, had just been cleared of similar abuse accusations. I asked him to compare the two cases.

“I remember that Barbara Fleischman, a dear friend who had moved to North Carolina from Bucks County, called to let me know that the child abuse contagion had reared its head in Edenton.

“Having been deeply affected by my personal experience, I felt the need to reach out. I read about Raymond Lawrence’s formation of the Edenton Seven committee, and after several discussions with him and Dee Swain (a fuel dealer in Washington, N.C.) I was truly inspired to do what I could. I was gratified to find individuals who would fight the injustice being perpetrated upon the Kellys.

“The eventual outcome in Little Rascals was the correct one, but the damage done to many individuals was enormous. We all have a list of heroes in our lives, and Bob Kelly and Dawn Wilson certainly were added to mine. Both stood firm in speaking truth to a community that lacked leadership in politics and law enforcement….

“The Edenton case and my own were just two of many produced by the 1980s culture. It happened in Salem 300 years ago, and it will happen again some day.

“So why did my child care business survive, when so many others didn’t?

“We had the exact same claims of horrors perpetrated against children. We had the same media coverage that initially proclaimed ʻChildren don’t lie.ʼ We had the same overzealous child abuse investigators from the county Department of Children and Youth Services. We had the identical mass hysteria.

“But we also had leadership! District Attorney Alan Rubenstein was a seeker of justice, not political gain. He conducted a long, expensive criminal investigation, one that branded the parents’ and children’s claims as false and reckless.

“I’d also be remiss if I didn’t mention my employees and our parent community, who all knew nothing had happened at Breezy Point. They went on camera, wrote letters to editors and participated in several large meetings answering all questions about our school.

“My experience lasted five or six years, caused lots of heartache and did much financial damage. However, Breezy Point Day School still opens at 7 a.m. and closes at 6 p.m. every day and is still filled with several hundred happy children, parents and staff.

“It’s a shame Bob and Betsy Kelly chose Edenton, North Carolina, to open a child care business and not Bucks County, Pennsylvania.”

●   ●   ●

Later this week I’ll post excerpts from the DA’s 1990 investigative report, along with a few of his recollections (he’s now a judge).

March 21, 2015

I spent several hours Friday at Duke University Law School listening to experts detail “Evolving Trends in Forensic Science.”

Fascinating. Topics ranged from the effects of sleep deprivation on jurors’ decision-making to the use of cell tower evidence to determine suspect location. But I was wedged into an auditorium otherwise full of lawyers to hear pediatrician Cynthia Brown and defense attorneys Mark Montgomery and Lisa Miles outline the latest standards for medical exams in cases of suspected child abuse. The good news – if you’re being wrongfully prosecuted in 2015 – is that those standards have become dramatically more specific and sophisticated.

If, however, you were wrongfully prosecuted in 1987, then the fruits of that scientific progress remain maddeningly out of reach.  Waiting for me when I returned home Friday was a letter from Junior Chandler:

“April 15 will be 28 yrs – nearly half my life, all because of lies when I did no crime. It’s a shame & disgrace to the whole N.C. justice system, not only to do this but never to be willing to say they were wrong….”