April 23, 2012

In 2007, W. Joseph Wyatt, writing in the professional journal The Behavior Analyst Today, looked back at the Little Rascals case:

“Prosecutors appeared to have little appreciation for the possibility, or likelihood, that they were pursuing innocent people. Prosecutorial fervor for the case evidently persisted long after it had become clear that the case had taken a series of wrong turns.

“Despite the disastrous results, one of the prosecutors continues to hold herself out as an expert. As recently as November, 2006, Nancy Lamb, still working as an assistant district attorney, was co-presenter of a training program for professionals titled ‘The Necessary Components of a Legally Defensible Child Sex Abuse Investigation.’ ”

If for no other reason, the Little Rascals case demands continued public attention as long as Nancy Lamb remains at large, presenting her cruelty and deviousness as a model for future prosecutions.

Update: At a 2010 workshop for the North Carolina Conference of District Attorneys, “Nancy Lamb… presented on how to defend the forensic interview in the courtroom.”

Feb. 25, 2013

“The 99 guilty verdicts against (Bob) Kelly appear to have set a benchmark for such cases: that youthful witnesses can have enough credibility to win convictions on their word alone.

“‘This validated child witness testimony,’ said Carolyn McAllaster, who teaches a child advocacy clinic at Duke University’s law school and trial practice at the University of North Carolina School of Law.

“‘I think the reason a lot of prosecutors hesitate to take these cases is they fear these children won’t be believed by juries,’ she said. ‘They should give a child’s testimony the same weight they would give an adult’s testimony. I think that children are very believable and that their testimony can be judged on its own merits.’ ”

– From “Rascals verdict affirms children’s credibility” in the Raleigh News & Observer (April 26, 1992)

McAllaster has gone on to become director of the AIDS Legal Project and a clinical professor of law at Duke.

Has she changed her mind about the credibility of child witnesses?

I asked her.

She hasn’t responded.

June 12, 2014

“He thinks the continued treatment of these cases as a modern-day episode of mass hysteria does disservice to children and even puts them in danger.

“ ‘We have, over the last 20 years, discounted the word of children who might testify about sexual abuse,’ he writes. ‘We have become more worried about overreacting to child sexual abuse than we are about underreacting to it.’

“If that were the legacy of the day-care cases, it would be a damning one. But when I spoke to psychologists in the field – those Professor Cheit cites respectfully, as well as those he attacks – they gave a different account of the science at the heart of this history….”

– From “Abuse Cases, and a Legacy of Skepticism” by Emily Bazelon in the New York Times (June 9)

Thank you, Ms. Bazelon. In the category of “fat books in desperate search of a reason to exist,” Cheit’s “The Witch-Hunt Narrative” belongs right up there with William D. Cohan’s contemporaneous “The Price of Silence,” an account of the Duke lacrosse case that sympathizes not with the railroaded (and later exonerated!) defendants but with District Attorney Mike Nifong, who was disbarred and briefly jailed for conspiring to rig the case against them.

At the core of each book is the unsubstantiated contention that something surely must have happened, either at a Durham party house and at countless day cares. Fortunately, Cohan and Cheit can only gratuitously smear the reputations of innocent defendants, not put them in prison – unlike Little Rascals expert witness Mark “where there’s smoke there’s fire” Everson.

June 10, 2016

It’s heartening to see that, 25 years later, “Innocence Lost” is still shining light on the wrongful prosecution of the Edenton Seven –  and for a younger audience!  This is a note from Judy Griffin, a teacher at Hamilton High School in Michigan, who recently rediscovered Ofra Bikel’s eight-hour masterpiece:

“I want you to know how helpful it is (to have “Innocence Lost” available online). I teach in a resource room English class.  The kids have no cognitive issues, but reading is a tremendous struggle.  When they can receive the information through really good videos like this one, we can cover some great information.

“We start by reading Edward R. Murrow’s introduction to ‘This I Believe.’ Then the students create digital versions of their own.  After that, they view ‘Good Night, and Good Luck.’ They have just learned about McCarthyism at this point in U.S. History, so it is fresh in their minds.

“We move then into The Crucible.  The students are then asked to compare this to ‘Good Night, and Good Luck.’  They read ‘Why I wrote The Crucible’ by Arthur Miller.

“At the conclusion, we talk about how these hysterias are repeated and actually happened even prior to Salem.  I introduce the Day Care scandal, and was thrilled to find the original ‘Frontline’ episodes.  I had seen it when it aired!

“They are now researching various aspects of the hysteria.  Some are looking at ‘satanic ritual abuse,’ some are looking at how hysteria spreads, some are researching what happened to the various defendants, and some are looking at the causes.  We emphasize that this is not unique to any of these situations, and the point of this all is to show how vulnerable societies are to hysteria….”