Feb. 25, 2013

“The 99 guilty verdicts against (Bob) Kelly appear to have set a benchmark for such cases: that youthful witnesses can have enough credibility to win convictions on their word alone.

“‘This validated child witness testimony,’ said Carolyn McAllaster, who teaches a child advocacy clinic at Duke University’s law school and trial practice at the University of North Carolina School of Law.

“‘I think the reason a lot of prosecutors hesitate to take these cases is they fear these children won’t be believed by juries,’ she said. ‘They should give a child’s testimony the same weight they would give an adult’s testimony. I think that children are very believable and that their testimony can be judged on its own merits.’ ”

– From “Rascals verdict affirms children’s credibility” in the Raleigh News & Observer (April 26, 1992)

McAllaster has gone on to become director of the AIDS Legal Project and a clinical professor of law at Duke.

Has she changed her mind about the credibility of child witnesses?

I asked her.

She hasn’t responded.

Kirk

June 18, 2018

“Ted Cross, a senior research specialist at the University of Illinois School of Social Work, [said] separation of the two interventions – forensic and therapeutic – is critical for the child, but is also important for practical reasons: ‘You don’t want the therapeutic work to taint a criminal investigation. If a child is in therapy at the same time that the forensic interview takes place, the attorney representing the offender can say the therapist planted the idea of abuse in the child’s head.’.

“This point is of particular importance in the wake of high-profile cases such as the McMartin Preschool trial during the 1980s, in which therapists’ interviewing techniques were so suggestive that the children falsely accused their teachers of abuse….”

– From “How to Build a Space to Support Abused Children” by Mimi Kirk at Atlantic Cities (March 29)

Did the Little Rascals therapists offer children any therapy at all? What do you think?

Bob Kelly, left, and Mark Montgomery at Duke Univerisity School of Law on Feb. 18, 2019.

Sept. 22, 2020

A burst of sunshine in these grim times. A note arrived today from Little Rascals Day Care case exoneree Bob Kelly: “Today, 25 years ago, because of Mark Montgomery’s wonderfully written and argued brief, I walked into FREEDOM…. Thanks to him and people like you who have believed in us!”

Nov. 14, 2011

Raymond Lawrence, then director of chaplains for Columbia Presbyterian Hospital in New York, attended Bob Kelly’s trial on several occasions and founded the Committee for Support of the Edenton Seven.

This passage is excerpted from a memoir I asked him to write for littlerascalsdaycare.org:

“One Monday morning on arriving at my office I noted a special delivery overnight package in my mail pile. Just as I walked in, my secretary buzzed me to say I had a long distance call asking whether I had opened the package. I told her to get the number and I would call back.

“Instead, the caller said he would call back. I assumed it was the kind of crank call which often comes to chaplains.

“When I finally turned to the special delivery package, I found inside cashier’s checks made out to various defendants in an amount of about $450,000.

“Finally the donor called back, but he didn’t want his name disclosed to the secretary or anyone else. He felt the case was a witch hunt, and he was in solidarity with the accused. He was a businessman who had made a fortune in the emerging computer industry. A year later he gave another $300,000.

“When I flew to Ohio to meet him, he told me he had a terminal illness, and some years later he died. He was a humble, unassuming man. I was in awe of his sensitivity and generosity.”