April 5, 2016

At a time when the Little Rascals claims were exposing widespread gullibility, a gritty band of doubters – e.g., Raymond Lawrence, Glenn Lancaster, Jane Duffield, Doug Wiik, Susan Corbett and Dee Swain – was desperately working to keep the defendants from being crushed by public opinion and prosecutorial coercion.

As treasurer for the Committee to Support the Edenton Seven, Swain distributed donations to defendants, facilitated the lowering of Scott Privott’s exorbitant bond and wrote an epic four-page (single-spaced!) letter educating the attorney general’s office on the errors of its ways.

How was it that a propane dealer in Washington, N.C., could see through the fog that engulfed so many professionals?

“It was obvious to me right away that it was hysteria,” he says. “I didn’t get involved until after (Bob Kelly’s) conviction – I had thought surely the jury would see through it….

“I’ve always been a skeptical person, someone who stands outside the box…. Most people thought I had lost my damn mind, defending ‘child molesters’…. I got anonymous phone calls….”

Swain is surprisingly generous to those who bought into the “satanic ritual abuse” stories elicited by prosecution therapists: “There aren’t any villains. They all acted in good faith. They were on a mission. They were going to be heroes….. You could see it all in ‘Extraordinary Popular Delusions and the Madness of Crowds’ (by Charles Mackay, 1841).”

And why does he think none have stepped forward a quarter century later to recant? “What they did was too terrible to admit to themselves.”

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….”

Feb. 1, 2012

The HBO documentary “Paradise Lost 3: Purgatory”  surely deserves its Oscar nomination, although the only edge it holds over Ofra Bikel’s “Innocence Lost” trilogy of the ’90s is its happy-tears finale: the three defendants walking out of prison.

After much lawyering, the West Memphis Three in August accepted an Alford plea that allowed them to go free,  while protecting the state of Arkansas from a wrongful-imprisonment  suit and the national embarrassment of a retrial.

I had to laugh at this exchange from the ensuing press conference:

Reporter: “Will the state continue to investigate this case if additional information is brought forth, or is the case closed?”

Prosecutor Scott Ellington: “I have no reason to believe there was anyone else involved in the homicides of these three children but the three defendants who pled guilty today.”

Defense attorney Dennis Riordon: “Does anyone believe that if the state had even the slightest continuing conviction they were guilty that it would have let these men go free today?”

If H.P. Williams Jr., Nancy Lamb and Bill Hart were watching – unlikely, given the spotlight shone on unjust prosecution – no doubt they would have admired Ellington’s resolve in the face of reality.

Nov. 27, 2014

“Of the dozen or so historical markers clustered in the town of Edenton, only one – recognizing novelist Inglis Fletcher – postdates the 1800s.

“The North Carolina Highway Historical Marker Committee now has the opportunity, 25 years after the first arrest in the Little Rascals case, to add to that number a 20th Century event inarguably significant in the legal and social history of not just North Carolina but also the nation.”

– From my application proposing “history on a stick” recognition for the Little Rascals Day Care case

The marker committee, composed of historians from four-year colleges across the state, will meet in December to decide which pending applications meet its criteria.