April 18, 2017

“C’est un reportage accablant sur le système judiciaire américain…. Ce pourrait être simplement l’histoire d’une erreur judiciaire dont aucun système pénal au monde n’est exempt, hélas. C’est bien pire, et correctement annoncé par le titre français : ‘ Un acharnement judiciaire.’ “

– From “Persécution judiciaire” by Guy Baret in Le Figaro (March 25, 1999)

That is:

“[Innocence Lost] is a damning report about the U.S. judicial system…. This could just be the story of a miscarriage of justice of which no criminal justice system in the world is free, unfortunately. It’s much worse, and properly announced by the French title: ‘A judicial harassment’….”

Apparently critic Baret wasn’t the only one in France to look skeptically at “satanic ritual abuse” claims. I haven’t found a single example of a French day-care prosecution during the moral panic.

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. 3, 2012

Exoneration is in the air!

From Texas to New York – and of course here in North Carolina – more and more prosecutorial abuses are being dug up, dusted off and exposed to long-delayed doses of daylight.

If you’re keeping score, the National Registry of Exoneration has just hit quadruple digits – that’s Bob Kelly, Dawn Wilson and 998 other wrongfully convicted defendants.

So what are the prospects that the State of North Carolina will at last release a Duke-lacrosse-style statement of innocence for the Edenton Seven?

Since last summer, when my petition was kissed off by Mark Davis, general counsel to Gov. Bev Perdue, and I was advised to try Attorney General Roy Cooper, not a peep has been heard in response. It would take a greater optimist than me to believe this silence suggests ongoing thoughtful contemplation.

As the governor prepares to leave office, a valued ally of littlerascalsdaycarecase.org used his access to lobby on behalf of the defendants. But pardon applications have been torrential, he was told, and the Edenton Seven case isn’t among those Perdue is considering.

That still leaves the attorney general – or does it, Mr. Cooper?

Feb. 29, 2012

“The battle cry of those leading the charge in these cases is ‘Believe the children!’ In fact, the trouble always begins when adults do not believe children who truthfully report that no one abused them.

“The mantra would be more accurate if it went, ‘Believe the children, but only when or if they say they were abused, no matter how incredible, bizarre or unrealistic their stories may be.”

– From “Victims of Memory: Sex Abuse Accusations and Shattered Lives” by Mark Pendergrast (1996)