July 18, 2012

“Law enforcement officials are teaming up with social services experts to investigate and more effectively prosecute child sexual abuse in North Carolina day-care facilities….

“State Bureau of Investigation Director Charles Dunn said… the goal is to train up to 300 individuals in the state’s largest cities.

“Under the protocol, agencies in counties would establish guidelines for interagency task forces. Each task force would include an investigative unit and a resource unit.

“The typical investigative unit would include a child protective services social worker, law enforcement officer, consultant from the state day-care licensing agency and an SBI agent.

“The resource unit might include medical personnel, SBI lab experts, mental health workers and representatives of the attorney general’s and local district attorney’s offices…

“The General Assembly (this year required) SBI notification within 24 hours of any report of sexual abuse in a day-care setting. ‘The Little Rascals case really just helped to focus the public’s and the legislature’s attention,’ ” Dunn said.

– From the Associated Press, July 21, 1992

I suppose this massive response by the state could be described as closing the barn door after the horse is out – except, of course, for the absence of a horse in the first place.

Two decades have passed since all that staff training, protocol drafting and attention focusing, but apparently the state’s interagency task forces are still waiting to be activated for the next day-care ritual abuse case.

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!”

Feb. 1, 2013

“The Little Rascals case serves as a good reminder that parents also are part of the child-savers interest group and have as much, in fact probably more, of a vested interest in ‘getting to the truth’ than any of their professional associates….

“From the witness stand, one mother describes how her repeated questioning of her three-year-old son finally confirmed that he, too, had been abused by Bob Kelly…

Mother: First time I questioned him, we were laying on my bed and I was just, you know, ‘Do you like Mr. Bob?’ ‘Has Mr. Bob ever done anything bad to you?’ And as we were talking I got more specific…. ‘Has Mr. Bob ever touched your hiney? ‘Has he ever put his finger in your hiney?’

Attorney: Was that the only time you questioned him?

Mother: No, it went on….

Attorney: Now tell me how it developed that you began to get statements from him that raised a question in your mind about sexual abuse.

Mother: (My son) was being questioned a lot from that first time on, quite often. And then that last week it was probably a few hours every day thing…. I got a response from him. Um, he told me that Mr. Bob had put his penis in his mouth and peed on him….

Attorney: How did he come up with those kinds of statements?

Mother: Because I asked him…. He had been hearing it at least once a week since I first started questioning him and then that last week he was hearing it every day.

“In their empirical research on repeated interviewing, Ceci and Bruck (1995) find that while children do remember more with each additional interview, their reports also become more inaccurate over time.

“Simply put, they recall both more accurate and inaccurate details with each successive interview. Further, repeated interviews signal the interviewers’ bias to the children, cueing them on how to answer in a way that pleases their interrogators.”

– From “The Day Care Ritual Abuse Moral Panic” by Mary De Young (2004)

Jan. 2, 2012

Next to “Why are you doing this?” the question I’m most often asked about Little Rascals is, “Since the trial, what has happened with the kids?”

For those alleged child-victims who testified in day-care abuse cases, the need to forget, to deny and to stay silent must be strong indeed. Who wants to believe they were so misused by their parents, not to mention by therapists and prosecutors? Who can look unblinkingly at the grotesque truth and take it public? For many, given the well-documented power of suggestibility, it may simply be impossible.

One exception was Kyle Zirpolo, who came forward in 2005 to apologize for his role in the McMartin pre-school case.

Last week, on the chance that an Edenton child might be ready to break ranks, I took out classified ads in the daily Elizabeth City Advance and the weekly Chowan Herald with this message:

“If you were a child or parent involved in the Little Rascals Day Care case of the early 1990s, I’d like to hear from you….”

Thursday night I received a call from a woman who credibly identified herself as one of those children. She wouldn’t give her name. She is 26 now, no longer living in Edenton, and she was not happy to see the ad. I felt obliged to tell her at the outset that I considered the defendants wrongly accused. Here’s an edited version of her response:

“It’s sad that you and others believe that. Here it is almost 2012, and I’m still opening up the paper and seeing crap like this (ad). It’s either that, or another bullshit book about our ‘witch hunt.’ And I know they study us and McMartin and Fells Acres in different colleges.

“I’m haunted every single day, and I always will be, so long as those bastards are out there, getting to go about their business. I have a lot of emotions – hypervigilance, anger that I had to go through all that badgering (by the defense). My husband put away my files on the case because it bothered me so much.

“I remember vividly what happened, and I’ve told therapists. You believe a dozen little kids just got together and made up lies? There was physical evidence, things they couldn’t put on TV.  The whole situation was just crap.”

Before we hung up, she said she would consider sending me case materials that I would find persuasive. I appreciate her call and hope to hear from her again.