Dec. 28, 2011

“Throughout the trial, prosecuting attorneys (in the Little Rascals case) repeatedly pursued their hunches without an apparent desire to test an alternate theory. This resulted in a rather spectacular false admission by 6-year-old Andy, who had been a 3-year-old at the time of the alleged sexual abuse by Bob Kelly.

“ ‘Prosecutor: Do you remember a time where you ever had to do anything to Mr. Bob’s hiney with your mouth?

“ ‘Andy: No, ma’am.

“ ‘Prosecutor: Do you remember telling Dr. Betty that one time you had to lick Mr. Bob’s hiney? Did that happen? Did you ever have to do that, that you didn’t want to do it?

“ ‘Andy: Yes, ma’am.’

“In reality, the prosecutor had made a mistake, thinking that the charge was that Andy had sodomized Bob Kelly, rather than the other way around. The state dropped this charge after it realized Andy had admitted to the wrong charge.

“This ought to have sensitized the prosecution to the very real dangers of pursuing a single hypothesis in the relentless manner we have described, but unfortunately it did not appear to have done so.”

– From “Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony”
by Stephen J. Ceci and Maggie Bruck (1995)

Dec. 26, 2011

“When I saw ‘Innocence Lost’ on PBS, I was outraged. The defendants received a bad deal from the state of North Carolina….

“Thank you for building and maintaining this site. Someone needs to keep telling the defendants’ story. I’m glad to see Mr. Kelly stayed strong and moved on with his life.”

– From South Carolina reader Clarence Lankford

Thanks for writing, Clarence. “Stayed strong and moved on” is an apt description of Bob Kelly. When I called last week to wish him Merry Christmas, he laughed and said, “For me, it’s always Christmas.”

Dec. 23, 2011

“Many appalling results of the recovered-memory movement of the 1970s and ’80s arose from … unexamined views of memory – occurrences like the false accusations of employees of children’s care centers… Such fantasies have often been encouraged as reliable memories by doctrinaire therapists and have sometimes resulted in prison sentences and ruined lives for innocent fathers, mothers, kin, teachers and devoted caretakers.

“The documentary films made by Ofra Bikel … are meticulous and frightening accounts of such fantasies and their overwhelming power in the hands of the cruelest, most self-deluded and most easily panicked among us.”

– From “Ardent Spirits” by the late Reynolds Price (2009)

Dec. 16, 2011

Alan Rubenstein, who as district attorney refused to prosecute the Breezy Point case, is now a Bucks County Court judge.

Unlike H.P. Williams Jr., who was D.A. during the Little Rascals case, Rubenstein speaks freely about how he addressed claims of ritual abuse in a local day care.

“There was no more ambitious D.A. than me,” he recalls. “I reveled in the limelight….

“When we first got the allegations, I said to myself, ‘Satanic ritual abuse – I’ll be on the cover of Time magazine! I’ll prosecute it personally. I’ll get these bastards and put them away for life.”

But it didn’t take long for him to reverse course.

“Breezy Point was around the corner from me.  My own son had gone there. I just couldn’t see Doug Wiik in (prison) stripes… The more I thought about it, the more obvious it became that nothing had happened there…

“I put our two best county detectives on the case, and I rode them like the Pony Express.”

The resulting 60-plus-page “Investigation into Breezy Point Day School” is a model of lucid, understated logic that blows to smithereens any notion of wrongdoing:

“We have determined that the allegations are unfounded and without merit…. No credible evidence exists to support them. In stark contrast, the evidence produced during the past 11 months indicates facts in direct, clear conflict with the charges leveled by the parents on behalf of their minor children.”

Here are three excerpts that convey the reach of the investigation:

• “In the opinion of this caseworker, ‘The child clearly exhibited the inability to distinguish what was true and what was not true.’ ”

Such insights seem to have been beyond the skills or preconceptions of caseworkers in Edenton.

• “The parents, when confronted with the clear discrepancy between the child’s description of the room and its actual physical layout, have contended that the owners of Breezy Point remodeled the room, removed the fireplace, put up plasterboard and added additional windows so as to change the character of this area to avoid detection. No evidence of remodeling was uncovered during this investigation.”

Passages such as this would be hilariously deadpan, were the subject not so weighty.

• “Bucks County detectives, acting upon (claims that the children were secretly transported to the Royce Hotel), traced all records from the teacher’s family credit cards, including American Express, MasterCard and Visa, to determine if any of these individuals charged rooms or lodging at the hotel. Ledger and registration books were also examined…. A check of these records proved entirely negative.”

In Bucks County no allegation was too bizarre to investigate. In Edenton no allegation was too bizarre to presume true.

Dec. 14, 2011

Among the leaders of the Committee for Support of the Edenton Seven was Doug Wiik, whose own Breezy Point Day School in Bucks County, Pennsylvania, had just been cleared of similar abuse accusations. I asked him to compare the two cases.

“I remember that Barbara Fleischman, a dear friend who had moved to North Carolina from Bucks County, called to let me know that the child abuse contagion had reared its head in Edenton.

“Having been deeply affected by my personal experience, I felt the need to reach out. I read about Raymond Lawrence’s formation of the Edenton Seven committee, and after several discussions with him and Dee Swain (a fuel dealer in Washington, N.C.) I was truly inspired to do what I could. I was gratified to find individuals who would fight the injustice being perpetrated upon the Kellys.

“The eventual outcome in Little Rascals was the correct one, but the damage done to many individuals was enormous. We all have a list of heroes in our lives, and Bob Kelly and Dawn Wilson certainly were added to mine. Both stood firm in speaking truth to a community that lacked leadership in politics and law enforcement….

“The Edenton case and my own were just two of many produced by the 1980s culture. It happened in Salem 300 years ago, and it will happen again some day.

“So why did my child care business survive, when so many others didn’t?

“We had the exact same claims of horrors perpetrated against children. We had the same media coverage that initially proclaimed ʻChildren don’t lie.ʼ We had the same overzealous child abuse investigators from the county Department of Children and Youth Services. We had the identical mass hysteria.

“But we also had leadership! District Attorney Alan Rubenstein was a seeker of justice, not political gain. He conducted a long, expensive criminal investigation, one that branded the parents’ and children’s claims as false and reckless.

“I’d also be remiss if I didn’t mention my employees and our parent community, who all knew nothing had happened at Breezy Point. They went on camera, wrote letters to editors and participated in several large meetings answering all questions about our school.

“My experience lasted five or six years, caused lots of heartache and did much financial damage. However, Breezy Point Day School still opens at 7 a.m. and closes at 6 p.m. every day and is still filled with several hundred happy children, parents and staff.

“It’s a shame Bob and Betsy Kelly chose Edenton, North Carolina, to open a child care business and not Bucks County, Pennsylvania.”

●   ●   ●

Later this week I’ll post excerpts from the DA’s 1990 investigative report, along with a few of his recollections (he’s now a judge).

Dec. 12, 2011

“(In 1989) when the Breezy Point Day School in Langhorne, Pennsylvania, was subjected to an elaborate skein of charges of satanic and ritualistic sex abuse (District Attorney Alan) Rubenstein mounted an immediate, aggressive investigation of the evidence supporting each allegation.

“He took up the rug at the school where rabbits were alleged to have been ritually sacrificed and sent it to (an independent toxicology) lab for analysis; no rabbit blood was found.

“He sifted the school sandbox for evidence of allegedly sacrificed and mutilated animals; no traces were found.

“He had the children alleged to have been raped and beaten interviewed apart from their frenzied parents and without the assistance of the ubiquitous (Roland) Summit-trained ‘sex therapists;’ none were found to have been abused.

“One of the child ‘victims,’ whose videotaped ‘disclosure’ was key to the original allegations, actually objected to being transferred to another school, claiming she ‘liked Breezy Point.’

“Rubenstein firmly resisted hysterical parents and the public clamor for arrests. As a result of his courage and integrity, and his thorough, timely and scientific investigations, all charges of abuse at Breezy Point quickly evaporated.”

– From “Sexual Liberation: The Scandal of Christendom” by Raymond J. Lawrence (2007)

Striking, isn’t it, to see the prosecutor in a day-care abuse case say “Wait just a minute, let’s check this out” rather than falling all over himself to round up a coffle of suspects.

Later this week I’ll be checking in with Doug Wiik, owner of Breezy Point and a key member of the Committee for Support of the Edenton Seven, and with former District Attorney Rubenstein.