Rascals case in brief

In the beginning, in 1989, more than 90 children at the Little Rascals Day Care Center in Edenton, North Carolina, accused a total of 20 adults with 429 instances of sexual abuse over a three-year period. It may have all begun with one parent’s complaint about punishment given her child.

Among the alleged perpetrators: the sheriff and mayor. But prosecutors would charge only Robin Byrum, Darlene Harris, Elizabeth “Betsy” Kelly, Robert “Bob” Kelly, Willard Scott Privott, Shelley Stone and Dawn Wilson – the Edenton 7.

Along with sodomy and beatings, allegations included a baby killed with a handgun, a child being hung upside down from a tree and being set on fire and countless other fantastic incidents involving spaceships, hot air balloons, pirate ships and trained sharks.

By the time prosecutors dropped the last charges in 1997, Little Rascals had become North Carolina’s longest and most costly criminal trial. Prosecutors kept defendants jailed in hopes at least one would turn against their supposed co-conspirators. Remarkably, none did. Another shameful record: Five defendants had to wait longer to face their accusers in court than anyone else in North Carolina history.

Between 1991 and 1997, Ofra Bikel produced three extraordinary episodes on the Little Rascals case for the PBS series “Frontline.” Although “Innocence Lost” did not deter prosecutors, it exposed their tactics and fostered nationwide skepticism and dismay.

With each passing year, the absurdity of the Little Rascals charges has become more obvious. But no admission of error has ever come from prosecutors, police, interviewers or parents. This site is devoted to the issues raised by this case.

 

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Today’s random selection from the Little Rascals Day Care archives….


 

Beware of parents in search of ‘truth’

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)

Faller, Everson resist trend toward skepticism

120924JournalSept. 24, 2012

The February 2012 special issue of the Journal of Child Sexual Abuse is devoted entirely to “Contested Issues in the Evaluation of Child Sexual Abuse Allegations.”

Ritual-abuse holdouts Kathleen Coulborn Faller and Mark D. Everson use the issue to vigorously push back against calls for greater diagnostic skepticism.

The object of their displeasure is “The Evaluation of Child Sexual Abuse Allegations: A Comprehensive Guide to Assessment and Testimony” (2009), edited by the late Kathryn Kuehnle and Mary Connell. Contributors to the Kuehnle-Connell volume advocate more reliance on forensic science and less on “unverified methods or conjecture” of the kind that enabled prosecution of the Edenton Seven. By contrast, Everson and Faller can be counted on to stretch the bounds of prosecution-worthy evidence, from finding “clinical usefulness” in anatomical dolls to granting universal credibility to child-witnesses.

From Everson’s response in the journal:

“Many critics of current forensic practice (emphasize) specificity over sensitivity…. Specificity (minimizing inclusion of false cases) and sensitivity (maximizing inclusion of true cases) are counterbalancing indices of decision accuracy. Favoring specificity over sensitivity means that overdiagnosing (child sexual abuse) is considered a more serious concern than failing to substantiate true cases of abuse….”

Yes, I’ll admit it: I consider the perils of overdiagnosis – putting innocent people in prison – much worse than those of underdiagnosis – letting a possible abuser go free, at least temporarily. However much Everson and Faller might wish otherwise, our system of justice does stipulate “reasonable doubt.”

Was there nothing to fear but ‘day care itself’?

April 19, 2013

“What can have spurred so many communities to such (ritual abuse) hysteria? The answer may be day care itself. The mothers who report that children never lie are simply unfamiliar with the ways of children. They may also feel guilty about putting their children in day care. A righteous rage against the day-care provider can certainly distract a parent from wondering whether she is doing an adequate job as a mother.”

– From “Believe the children?” by syndicated columnist Mona Charen (October 11, 2003)

Although Charen approaches the subject as a proselytizer for stay-at-home motherhood, less partisan observers also have speculated about the role of day-care guilt.

That’s our case, and we’re sticking to it (cont.)

120201ParadiseFeb. 1, 2012

The HBO documentary “Paradise Lost 3: Purgatory”  surely deserves its Oscar nomination, although the only edge it holds over Ofra Bikel’s “Innocence Lost” trilogy of the ’90s is its happy-tears finale: the three defendants walking out of prison.

After much lawyering, the West Memphis Three in August accepted an Alford plea that allowed them to go free,  while protecting the state of Arkansas from a wrongful-imprisonment  suit and the national embarrassment of a retrial.

I had to laugh at this exchange from the ensuing press conference:

Reporter: “Will the state continue to investigate this case if additional information is brought forth, or is the case closed?”

Prosecutor Scott Ellington: “I have no reason to believe there was anyone else involved in the homicides of these three children but the three defendants who pled guilty today.”

Defense attorney Dennis Riordon: “Does anyone believe that if the state had even the slightest continuing conviction they were guilty that it would have let these men go free today?”

If H.P. Williams Jr., Nancy Lamb and Bill Hart were watching – unlikely, given the spotlight shone on unjust prosecution – no doubt they would have admired Ellington’s resolve in the face of reality.