June 6, 2012

“The Kellys decided to buy the day care center after a previous owner quit following a dispute with a mother (who) was upset that her son didn’t get cake at a party because he wouldn’t wear a bib, Mrs. Kelly said (in testimony at Bob Kelly’s trial).

– The Associated Press, Feb. 11, 1992

What a coincidence – Jane Mabry, the disgruntled mother who ran off the first day-care owner, is the very same disgruntled mother who shut down the Kellys!

Aug. 13, 2012

I wrote Mark Davis, general counsel to Gov. Bev Perdue, to ask that she issue a “statement of innocence” on behalf of the Edenton Seven. This is Davis’s response: “Because the Attorney General’s Office handled the appeals in the cases you reference in your letter, I think that office is in the best position to evaluate this issue. I suggest you contact them regarding this matter.”

So noted. This, then, is from a letter I sent last week to Roy Cooper, attorney general of North Carolina:

When the Duke lacrosse case collapsed in 2007, you granted the defendants a “statement of innocence.” Although the statement was not a formal legal document, as I understand it, it clearly demonstrated your commitment to making amends for a wrongful prosecution by the State of North Carolina.

I am requesting that you take similar action on behalf of the defendants in the notorious Little Rascals Day Care case.

For more than a decade, beginning in the 1980s, day care centers across the United States were victimized by a wave of wholly unsubstantiated charges of “ritual sexual abuse.” The testimony of child-witnesses, corrupted by misguided therapists, resulted in dozens of convictions and incarcerations.

In all these cases, charges eventually were dropped, convictions overturned or plea agreements accepted with no admission of guilt.

Today there is no dispute among respected psychiatrists, psychologists and social scientists: The defendants were innocent victims of a “moral panic” that bore striking similarities to the Salem witch hunts 300 years earlier.

One of the most prominent of these prosecutions, of course, was the Little Rascals case in Edenton. Between 1991 and 1997 the PBS series “Frontline” devoted a total of eight hours to the plight of the Edenton Seven, leaving millions of viewers appalled at North Carolina justice.

After the longest and costliest trial in state history, Robert Kelly was convicted of 99 counts of child abuse and sentenced to 12 consecutive life sentences. He served six years before the North Carolina Court of Appeals overturned his conviction.

Dawn Wilson was convicted on five counts of child sex abuse and given a life sentence. She served two years in prison or under house arrest. The Court of Appeals also overturned her conviction.

Betsy Kelly and Scott Privott both agreed to plea deals with no admission of guilt.

Charges against Robin Byrum, Darlene Harris and Shelley Stone were dropped.

After the defendants were released, however, prosecutors continued to insist they were guilty. Exoneration was willfully withheld.

The Little Rascals case not only shattered the lives of the defendants, but also left a deep and ugly stain on the reputation of the State of North Carolina.

In 2001, Massachusetts Governor Jane Swift signed a resolution proclaiming the innocence of the victims of the Salem Witch Trials.

In time, such victims of the ritual-abuse day-care panic as the Edenton Seven will surely receive similar exoneration. Why not now? Why not in North Carolina? This is an opportunity to demonstrate moral leadership on a national scale.

I blog about the case at littlerascalsdaycarecase.org, where you will find an extensive archive and updates. I would be eager to provide additional facts by e-mail or to meet with you in Raleigh at your convenience.

Mr. Cooper, I appreciate very much your attention to reviewing this case and to perhaps mitigating the profound injustice suffered by these seven innocent North Carolinians.

I’ll post his response, of course.

March 14, 2012

“Prosecutor Nancy Lamb practiced a little ‘voodoo’ psychology by telling the jury that when Dawn Wilson held and played with her child during breaks in the trial, it wasn’t because she loved the child – it was all a show for the benefit of the jury.

“No psychologist could have accurately reported on the state of mind or the motives of Wilson when she played with her child. However, had a psychologist known that Wilson had been offered a plea bargain which included no jail time if she pointed the finger at the others, and had told prosecutors to ‘Find yourselves another patsy,’ that psychologist might have known something about Nancy Lamb’s state of mind when she made those statements.”

– From “Due Process Is Good Psychology,” article in
Michigan Lawyer Weekly by Michael G. Brock

Defending this smear, one of many, Lamb said Wilson was presenting herself as a good mother, and “We had to remove that mask.”

In 1995 the N.C. Court of Appeals overturned her conviction. And then of course the prosecutors rushed to apologize to Dawn Wilson for their disgraceful vilification.

Sept. 5, 2012

Almost 68 years old I am, but until this week I had never hoisted a picket sign. Why now?

Within walking distance of my house, thousands of delegates and reporters are attending the Democratic National Convention. A moment of attention perhaps for littlerascalsdaycarecase.org?

Most of those striding along the sidewalk in front of the Convention Center barely glanced at my carefully stenciled placard, but occasionally someone asked about the case and accepted a card. Jim Morrill of the Charlotte Observer even gave me a mention on his blog.

What I have learned: As a media magnet, I’m no match for a white-bearded guy bearing a six-foot cross (on rollers) and two wooden tablets.