Oct. 26, 2011

“Many of the investigators in the Little Rascals case (seem to have been) poised to find allegations of sexual abuse.

“The seeds of this case may have been sown in the spring of 1988, months before the first allegations of child sexual abuse…. At a 3-day conference in the Outer Banks town of Kill Devil Hills, law enforcement and social services workers convened to learn about the dangers of child molesters operating day-care facilities.

“The seminar was co-sponsored by a counseling group and assisted by Judy Abbott, a social worker who would become one of the most active therapists for the child victims in this case. The featured speaker was Ann Burgess, editor of the book ‘Child Pornography and Sex Rings’ (1984).

“Also attending were H. P. Williams, who would co-prosecute the case, and Brenda Toppin, the Edenton police officer who was first to interview most of the children in the case and to advise parents of their abuse.”

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

April 5, 2013

“In the Little Rascals Day Care case testimony was given about children being attacked by sharks kept in a pool by the accused. No prosecutor believed this story, and had such tales been told by adults, their credibility would have been laughed at…. However, (two Edenton defendants) were convicted, because under a new precedent, obviously false stories by children were set aside in the minds of prosecutors and juries, because of the belief that testimony from children needed to be treated differently….

“In (the Salem Witch Trials of) 1692, as in the modern day-care cases, the heart of the episode was the claims of the accusers versus the denials of the accused. Jurors were forced to choose between two sets of competing claims with no independent verification for any of them. Although not all the accusers were children, many were, and the idea of protecting the children played a heavy role in the prosecutions.

“Accusers claimed that the specters of the accused hurt them…. This kind of uncorroborated evidence became known as ‘spectral evidence,’ and on the basis of that evidence convictions routinely occurred. Contrary to popular, modern representations, all this took place in an orderly manner in a special court set up to investigate the outbreak. Within the rules of the day, the accused people had fair trials, just as the (day-care defendants) had a fair trial.

“What brought the trials to an end was the growing belief by the elites in Massachusetts Bay Colony, especially the clergy, that spectral evidence could not be trusted…. The trials continued, but under a new court where spectral evidence was not admissible, (and) the convictions largely stopped….”

– From “No Finality in Fells Acres” by Bernard Rosenthal, author of “Salem Story: Reading the Witch Trials of 1692”

“In spectral evidence, the admission of victims’ conjectures is governed only by the limits of their fears and imaginations, whether or not objectively proven facts are forthcoming to justify them. (State v. Dustin, 122 N.H. 544, 551 (N.H. 1982)).”

– From “Spectral Evidence Law & Legal Definition”

“Governed only by the limits of their fears and imaginations” – doesn’t that nail it!

Feb. 27, 2012

“One (change made by District Attorney Frank Parrish) was the assignment of Assistant District Attorney Nancy Lamb as ‘Chief Assistant District Attorney,’ making one of her duties ‘quality control’ and noting she will only continue to ‘try cases as necessary.’ ”

– From the Outer Banks Voice (Feb. 14, 2012)

“Quality control”? That’s hardly a gift that evinced itself in Lamb’s frenzied, hysterical prosecution of the Edenton Seven.

But her removal from the courtroom should be reassuring to innocent defendants throughout the First Judicial District.

Aug. 22, 2012

“They would have had to experience this or seen this. I know that for a fact. I know they didn’t make it up. I mean, I’m an intelligent person….

“I feel very sure in my heart and in my mind that this happened…. but not with Mr. Bob and not at the day care.”

– Betsy Kelly, demonstrating (in an interview taped by Officer Brenda Toppin, March 16, 1989) the pervasiveness of the impulse to “Believe the Children”