Jan. 9, 2012

Perhaps the most inexplicable of the prosecution’s targets was 40-year-old Scott Privott, owner of an Edenton video store and shoe repair shop.

Son of a district court judge, he served as president of the local country club. No evidence ever surfaced to support the rumor that Privott’s video store was a hub for child pornography or to counter his claim never to have even set foot on the Little Rascals premises. According to the prosecution, children at the day care identified him as a perpetrator.

In April 1993 his bail was reduced from $1 million to $50,000, and he was released on bond from Chowan County Jail. Fourteen months later, Privott accepted the state’s offer of a plea of no contest, still insisting on his innocence, and received a sentence of time served with an additional five years probation.

He says he has been happily married for 14 years and doesn’t want to reveal where he now lives. I asked him to share some recollections about the case:

“Bob and I were more acquaintances than close friends. I played golf with him when he was the pro. Bob rented movies from my store, and he and many others would come by and have coffee and just talk. In fact, many of the accusing parents rented movies from me. (Bob Kelly suspects Privott may have been drawn into the case when Kelly’s truck was seen parked in front of the video store.)….

“In jail I spent the time reading and watching TV. We weren’t allowed newspapers, so I wasn’t sure what was being written about the case…. At times it was hard to keep my spirits up. I had gallbladder surgery and recuped at Central Prison in Raleigh and at McCain (Correctional Hospital in Raeford, closed in 2010)….

“Jail had just a walled-in area for outside activity, but at McCain I enjoyed being able to walk around the yard with others awaiting trial…I was in “safekeeping” and actually met some intelligent, thoughtful people. I never had any problems, as the majority knew the entire LRDC case was a farce….

“My wife came on Sundays, but as the years rolled on the visits were less and less, and then I noted a change I had been kind of expecting. She brought my mother with her, and in the later years she stood back and kind of let the visits be between mother and son. It turned out she had met someone new in her life. She didn’t have the nerve to tell me, but I figured it out….”

May 23, 2012

Experienced trial lawyers can’t afford to dwell on lost cases. Sometimes that’s quite a challenge:

“Robert Fulton Kelly…. was the most innocent man I have ever defended and the most victimized criminal defendant in the state’s history. He taught me that under certain circumstances madness can rule the day and overcome everything that is right and just.”

– Gerald Beaver (North Carolina Lawyers Weekly, 2010)

Jan. 7, 2013

““When I began this journey almost five years ago, I was a very strong, very optimistic, very believing and very innocent person. As I stand here today, I have become very tired, very disillusioned, very unbelieving but very much the innocent woman I was.

“When I lost my home, my job and business, my worldly possessions – then my husband and friend – I realized that what I had believed in and held onto as truth and justice no longer existed. But with the love and concern and total support of my family, my attorneys and very dear friends, I have come to realize that although prison is some place I do not want to return to, there are many worse prisons to endure out in the free world.

“I can now, for the first time in five years, look my precious daughter in the eyes and tell her that this will all be over soon and that (the) life that we have dreamed about but never dared to believe in is going to come true.

“No one in this courtroom can truly understand why I chose this pathway at this time – but I am at peace with the only true person that matters.”

– From Betsy Kelly’s statement to the court (Jan. 21, 1994), as she entered a no contest plea to 30 counts of child molestation

Feb. 10, 2012

“(The scene of children screaming invective at a prison-bound Bob Kelly) was… the graphic heart of the documentary….

“The car pulled away, and they began to giggle self-consciously. A second or two of awkward silence heightened the artificiality of the moment, the sense of a construct that the girls fully understood. Then an older woman (presumably a mother) moved into the silence, and began to clap and cheer. A few others joined in in desultory fashion. ‘Let’s go get something (to) eat,’ said the mom….

“By chance, I had just finished reading ‘The Professor,’ a minor novel of Charlotte Bronte’s. Like most Bronte novels it was laced with leisurely reflections, and this one struck me powerfully enough to note down: ‘Human beings – human children especially – seldom deny themselves the pleasure of exercising a power which they are conscious of possessing, even though that power consists only in a capacity to make others wretched.’

“As those children shrieked at Bob Kelly through the glass of the police car window, I wondered if there wasn’t more than a whiff of that pleasure in power in the air.

“And then I remembered this town is called Eden, and we’ve known for a long while that the darnedest things happened in Eden.”