July 25, 2012

“The terms of (Shelley Stone’s release on $342,000 bond) included an order to stay out of downtown Edenton so she would not run across any children – or parents of children – who had attended Little Rascals.

“One exception came two years ago, when she was allowed to attend her daughter’s high school graduation.

“Stone and her family live in Tyner, a few miles outside Edenton. They receive public assistance.

“‘I’ve had people say to me point blank: “Gee, Shelley, I would hire you, but I’m afraid I’d lose customers,”’ Stone says. ‘Now, when you can’t a job within 30 miles, that’s bad.’

“Prosecutors say they still have not decided whether to try her on 12 charges of sexual abuse, which could mean life in prison. Meanwhile, she waits….

“‘It’s been going on for seven years. Is it going to go on for another seven years, or 10 years or 20 years? Am I going to die with this still going on?…

“‘I worry every day. Are they going to come and say, “We’re going to take you to trial now”?’”

– Adapted from the Associated Press, Sept. 23, 1996

Three months later the state dropped all charges against Stone (and Robin Byrum and Darlene Harris).

As in other Little Rascals cases, Nancy Lamb attributed the dismissals to  concern for the child-witnesses and to limited resources in the DA’s office, not to any belated recognition of the defendants’ innocence. “We didn’t bring charges in 1989 and 1990 thinking that these people weren’t guilty,” she told the AP. “Why would we do such a thing? We had enough evidence all along to convict all three, or we would not have brought charges.”

But Lamb needn’t have been too disappointed. After all, how many juries would’ve rendered harsher punishment to these three innocent young women than the seven years of torture the state inflicted?

April 13, 2015

D. Marsh McLelland, judge in the trials of Little Rascals defendants Bob Kelly and Dawn Wilson, died last month in Burlington. He was 94.

This laudatory obituary in the Greensboro News & Record barely mentions the most consequential case in McLelland’s career – “He was brought out of retirement by the state’s chief justice to hear the Little Rascals Day Care child sex abuse case….” – and this one in the Burlington Times-News mentions it not at all.

Had McLelland stayed retired, the prosecution of the Edenton Seven might well have been derailed early on.

The judge originally assigned to the case, L. Bradford Tillery, stepped down under pressure from Deputy Attorney General Bill Hart. Mark Montgomery, Bob Kelly’s appellate attorney, explains why:

“Hart did not like the way Tillery was handling the case.  The final straw was when Tillery ordered Hart to turn over the State’s interviews of those kids who were not the subject of indictments.  He did not order them given to the defense, as he should have done, but Tillery was going to look through them himself.  If he had, he would have seen that most of the kids at the day care, including Hart’s adoptive daughter, had said nothing happened and the jury would have heard about that.

“To prevent that, Hart filed motions accusing Tillery of being biased against the State. Rather than punishing Hart, Tillery took himself out of the case to avoid any appearance of partiality.  Enter McLelland.

“Because Tillery had already ordered the interviews turned over to the court, that was a done deal.  But McLelland never looked at them.  I stumbled across them in the exhibit room of the courthouse and informed the Court of Appeals in my brief.  The failure of the State to turn over to the defense the interviews of kids who said nothing happened was one of the grounds for a new trial for Bob.”

Tillery clearly was stung by Hart’s ploy: “I have served as a judge of Superior Court for over 20 years, and I never found it necessary to take such a step…. Neither have I ever been made to feel before that one side or the other considered me to be not only an adversary but also fair game …. for reckless assertions.”

If only Tillery had responded not by resigning but by sanctioning Hart for withholding evidence.

April 20, 2016

“‘If prosecutors have an ethical duty to avoid wrongful convictions, then they should have some sort of ethical duty to remedy wrongful convictions,’ said attorney Brad Bannon of the North Carolina Bar’s ethics committee.

“He wants North Carolina to adopt a rule recommended by the American Bar Association, requiring prosecutors to come forward if they find ‘new, credible and material evidence’ that an innocent person is serving time. Thirteen states have adopted the post-conviction rule. North Carolina isn’t among them.

“The State Bar rejected the rule several years ago but recently appointed a committee to reconsider….”

– From “Rule targets prosecutors who don’t reveal innocence evidence” by Martha Waggoner of the Associated Press (April 16)

Given prosecutors’ disproportionate influence on the state bar, to even “reconsider” the disclosure rule suggests the recent stream of unbecoming publicity  hasn’t gone unnoticed.

April 22, 2013

“Lecturing recently, I mentioned the American witch-hunts of the 1980s and 1990s. When the audience looked puzzled, I explained that I was referring to the Satanic Panic of those years, the wave of false charges concerning ritual child abuse and devil cults that made regular headlines in the decade after 1984. The explanation helped little.

“Even people who had lived through those years, who had been following the media closely, had precisely no recollection. Lost in memory it may be, but the Satanic Panic needs to be remembered, if only to prevent a renewed outbreak of this horrible farrago. And when better than in the 30th anniversary of the affair’s beginning?

“It all started in southern California, in Manhattan Beach, in the Fall of 1983….”

– From “Remember the Satanic Panic” (Jan. 9, 2013) by Philip Jenkins, Distinguished Professor of History at Baylor University, on Real Clear Religion

I share Dr. Jenkins’ concern about public memory, of course.

Which are more worrisome – those who have no recollection at all of cases such as McMartin and Little Rascals, or those who have forgotten they all were hoaxes?