A rare chance to watch the story unfold

130520WallaceMay 20, 2013

The day-care ritual-abuse era generated a wealth of words, many of which have been cited here. Aside from the epic “Innocence Lost,” however, little video evidence remains.

Just made available on our Bookshelf of Case Materials is the hour-long 1999 CBS documentary “Child Sex Scandals: Modern Day Witch-Hunt?

Part of correspondent Mike Wallace’s “20th Century” series, it includes basic coverage of the McMartin, LIttle Rascals and Kelly Michaels day-care prosecutions, as well as the closely-akin “recovered memory” movement.

Especially salient are the 30-second comments from key combatants in the opinion arena such as Maggie BruckRoland SummitElizabeth Loftus, and Mark Pendergrast.

What? ‘A hotel that doesn’t take American Express?’

May 17, 2013

From Betsy Kelly’s comments at the ceremony awarding Ofra Bikel the 2007 John Chancellor Award for Excellence in Journalism:

“I stand before you tonight because of Ofra Bikel. She spent many hours with my family and with some of the most hurtful and hateful people. She turned many (viewers) around to believe in the truth. The day she walked into my life I had somebody to hold onto… and she opened the door and she led me out…..”

From Nancy Smith Barrow’s comments:

“I thought: She comes from another planet, she doesn’t speak Southern, what can she do?

“I couldn’t understand why anyone would want to climb into that hole we were in…

“Ofra took us where we were, where hell was raining down, where people who have known us since we were born would cross the street not to meet us….

“Ofra, I owe you for the most precious thing in my life (my sister), you brought her back…..”

From Ofra Bikel’s comments:

120409Bikel“I was this close to not doing (‘Innocence Lost’). I said (to assistant Rachel Dretzin), ‘Are you crazy? What are we going to do in a little town with a little hotel that doesn’t take American Express?’…. Anyway, we went, and the first day I realized we were staying….

“The whole country was awash in sexual abuse stories, but there was nothing less likely than for Edenton, North Carolina, to be involved in this satanic conspiracy… The town was calm on outside but seething on the inside with these rumors of terrible sexual abuse, started by one kid, then three kids, then 10 kids, then 80 and then close to a hundred… until they decided to close the list….

“(After the last Little Rascals charges were dropped) I was left with two very strong feelings: how many things can go wrong in the justice system…. and what a powerful tool we had in our hands with the television documentary….”

Unaccountable prosecutors: A familiar story

May 15, 2013

“As one of the lead prosecutors, (Elizabeth Lederer) helped lock up five young people (the Central Park Five) based on false confessions, no DNA evidence and media hysteria, for a collective 30 years….

“Lederer never apologized. Today, she still serves as an assistant district attorney and teaches at Columbia Law School, one of the most prestigious institutions in the country. While those wrongfully convicted lost years of their lives, her efforts to imprison them had no negative consequences for her…. People like Lederer whose failures cost livelihoods should be held accountable for their actions….

“Defending Lederer’s role in the case as an aggressive lead prosecutor, (New York Times columnist Jim) Dwyer dismissed that as: ‘Mistakes were made.’ That’s the standard public relations line used when trying to deflect blame. But what kinds of mistakes? What were their effects?”

– From “For Central Park Five, wrongful conviction meets false equivalence” by Raymond Santana and Frank Chi at Salon.com (May 3)

You know where I’m going with this: the Edenton Seven were locked up for some 15 years, and the “aggressive lead prosecutor” in their case remains ensconced on the state payroll, still unrepentant – and always available to share her expertise on “how to defend the forensic interview in the courtroom.”

Perhaps, however, the notoriety she achieved as Little Rascals prosecutor helps explain why she hasn’t risen to district attorney or to district court judge.

Even if so, of course, that consequence wouldn’t begin to atone for the horrors she inflicted over a nonexistent crime.

Investigator still believes Kelly was guilty

130513McCallMay 13, 2013

“On January 20, (1989, Audrey) Stever met with (social workers) David McCall and Grenda Costin, who told Ms. Stever that there was going to be an investigation into the day care. They also suggested to Ms. Stever that they put Kyle in therapy (and) that ‘they thought something was going on’ at the day care.

“On January 21, (Brenda) Toppin, Ms. Costin and Mr. McCall came to interview Kyle at his home. Ms. Stever prepared Kyle by telling him that he needed to be a ‘police helper’ to help figure out why the children at the day care were sad.”

– From brief for Bob Kelly before N.C. Court of Appeals (1994)

“As an initial social services investigator in the Robert Kelly case, I believe justice was served with this verdict…. A Salem-style witch-hunt did not occur, and a perpetrator of crimes against children was justly convicted. A significant battle in the war against child sexual abuse was fought and won in Edenton….”

–From “Crimes Against Children: A Guide to Child Protection for Parents and Professionals featuring the Little Rascals Day Care Sex Scandal” by David E. McCall (1995)

I asked McCall if he still believes justice was served in Little Rascals. “I stand on my original substantiation of abuse by Robert Kelly,” he said. “I was not involved in the investigation of the others charged.”

He said he went into the case with “significant training” in investigating abuse, adding that “If you ever want a child interviewed to find the truth, I really feel like I’m pretty good at that.”

McCall later left social work and now sells real estate in Edenton.

Prosecutors’ bag held one last trick

May 10, 2013

“Evidence at the trial of Robert F. Kelly Jr. consisted mainly of the fantasy-laced testimony of children and no physical proof. His conviction was overturned by an appeals court that said the proceedings had been unfair. Now prosecutors have dug into their bag of tricks and, ta-dum, come up with a new set of sex-abuse charges against him.

“It may turn out that Nancy Lamb has better documentation for the latest accusations, which date to 1987 and involve a girl who was then 9. She better have. Otherwise, the public will be left to conclude that the prosecution is simply engaged in a malicious effort to save face.”

– From “Never-ending prosecution” (News & Observer editorial, May 7, 1996)

Unable to gin up such documentation, of course, Lamb finally dropped the new charges – 2½ years later! And the public was indeed left to conclude that they had all been “a malicious effort to save face.”

A rare chance to watch the story unfold

May 9, 2013

CBS Correspondent Mike Wallace narrated this 1999 production that covers a number of the ritual abuse court cases, including Little Rascals.

(A more modern version of this video posted in 2013 may be available soon. In the meantime, click here.)

‘Right much training but nothing like she needed’

May 8, 2013

“We just had all kinds of rumors. Everybody in town was involved in it, with this one pointing fingers, that one pointing fingers. My telephone was ringing right steady….

“We really didn’t know what we had. I had a police officer who works as a secretary (Brenda Toppin) who deals with this type case, and she had right much training but nothing like she needed. So we had problems right from the start.”

– Edenton Police Chief Charles Harvey Williams, recalling for a North Carolina House committee how his 15-person department struggled to sort out allegations about the Little Rascals Day Care center (April 23, 1991)

Toppin has been variously described as a secretary and a dispatcher in Edenton’s 15-person police department – she may well have been both. Regardless, she seemed utterly unaware how far in over her head she was interviewing children about supposed ritual sex abuse.

Chandler’s hopes rest with innocence project

May 6, 2013

When last we left Junior Chandler, his former appellate defender, Mark Montgomery, had asked North Carolina Prisoner Legal Services to look into the case.

But NCPLS requires the prisoner himself to request help, and that hasn’t happened. “Like a lot of the old-timers, Junior does not think they (NCPLS) are worth much,” Montgomery says. “There was a big shake up there a few years ago, and they are now very aggressive and as effective as anybody in post-conviction cases. I am going to encourage Junior (again) to ask for their help….”

Meanwhile, he has pitched Junior’s case to Christine Mumma at the N.C. Center on Actual Innocence.

Here’s the essential “evidence of actual innocence” that Montgomery offered Mumma:

“Lathern Hensley (a.k.a. Buddy Norton) was one of the adult mentally retarded riders on Junior’s bus. He and another woman testified that Junior did stuff, and they helped. They each got probation-only plea deals. I found Hensley, but his guardian wouldn’t let me talk with him. The Actual Innocence folks (with powers granted by the state) could insist on talking with Hensley. I think he would say that he was pressured into lying on the stand.”

This is just the latest long shot in overturning Junior’s wrongful conviction, and even if the Center on Actual Innocence agrees to take the case, the process is anything but swift. As the Center’s website cautions, “We counsel patience to inmates and their families during the investigative phase as the process of gathering additional documentation; identifying, locating and interviewing witnesses; and completing many other investigative tasks can take several years.”

A deal for Betsy? Then why not for Bob and Dawn?

May 3, 2013

“In the quaint village of Edenton, where residents have suffered either a sadistic witch hunt of historical proportions or a rampage by a despicable gang of ritualistic child molesters, the public has been slapped in the face by a deal between prosecutors and Elizabeth Kelly.

“Kelly is one of seven people charged with sexually molesting children at the Little Rascals Day Care center. Her husband Bob is pulling 12 life sentences for his part, and lowly cook Dawn Wilson is pulling one life sentence. But Elizabeth Kelly will serve only a few more months because her lawyer got her a good deal.

“A deal? Either she is guilty of inflicting unspeakable horrors on babies or she is as innocent as a lamb. There are no degrees here, either they did it or they didn’t. If they did it, they all deserve to spend the rest of their miserable lives in prison. But if they didn’t do it – and the prosecution now seems unable to prove it and reluctant to try – then they all deserve to be free to exact legal revenge on a community that has put them through hell.

“There is no justice, no fairness and no answers in a deal that sets her free and leaves the others to rot in jail. If Elizabeth Kelly is set free by politicians, why should Bob Kelly and Dawn Wilson be sent to jail by juries? If Mrs. Kelly gets a deal, then all of them deserve the same deal.”

– From “When justice becomes the slave of convenience, faith fades” by News & Observer columnist Dennis Rogers (Jan. 30, 1994)

‘Parents too trusting’? No, magazine too gullible

May 1, 2013

“For several years… during which innocent people, many of whom were themselves the parents of young children, were sent to prison, the press by and large went along. ‘The horrors may only have started with sodomy, rape, oral copulation, and fondling,’ Newsweek confidently reported of the McMartin allegations in April 1984….

“Time’s account noted that a horse was slaughtered in front of the toddlers to intimidate them into silence, but the magazine neglected to ask how this messy procedure was accomplished without detection in a busy preschool in the middle of town, where parents and teachers came and went throughout the day. ‘Parents,’ Time chided, ‘were too trusting, assuming that separation anxiety was the reason their children cried when dropped off at school.”

“By the late ’80s, then, the notion that many, many day care workers went into the field only to sate their Sadean lusts for small children, and that schools were places fraught with sexual ‘stranger danger,’ and that childish innocence was under unprecedented assault from the forces of evil, had sufficient credibility to darken the nightmares of mothers and fathers across the country.”

– From “Against Innocence: The truth about child abuse and the truth about children” by Margaret Talbot in The New Republic (March 15, 1999)

“By the late ’80s…” indeed – exactly when the initial allegations were made in the Little Rascals case.