Oct. 2, 2013

“…It’s understandable that this week’s conviction of former day-care center owner Robert Fulton Kelly Jr. in Farmville, N.C., is being hailed as a breakthrough…. The conviction  increases public awareness of child abuse, serves notice that children should be taken seriously when they show signs of abuse, and calls attention to improved methods of handling such prosecutions.

“Since another long and costly child abuse case at a California day-care center nearly a decade ago that ended less conclusively than the one in North Carolina, prosecutors have learned much. They have learned how to question children without prompting them, have developed better investigative methods, and have improved the coordination between different agencies.

“But that’s not enough. Parents need to be more alert to detecting possible child abuse and more careful about picking safe, responsible day care centers. Despite this week’s conviction… it would be wrong and unfair to conclude that many day-care workers are degenerates.”

– From “How to Guard Against Child Abuse” in the Deseret News of Salt Lake City (April 25 1992)

During the era of day-care ritual-abuse allegations, most newspaper editorials managed to maintain at least a modicum of skepticism. Not this one – unless you count the Deseret News’ acknowledging a modicum of doubt “that many day-care workers are degenerates.”

pbs.org

Courtroom sketch from the “Innocence Lost” series.

March 16, 2016

“Thank you for providing a site to keep this tragedy alive….  I was a daycare/preschool owner/administrator for 20 years ending in 1995. The primary reason I retired early was watching (“Innocence Lost”) on PBS and realizing anyone at any time could accuse me of abuse lies and my life and career would have been ruined….”

– From a letter from a Wisconsin reader

Such fears were not unfounded, of course – or uncommon.

April 30, 2012

“Prosecutors are reviewing pornographic videotapes seized in Montana…. A man identified as Willard Scott Privott appears wearing a pirate costume in a boat full of children, according to affidavits….

“Several children have testified (during Bob Kelly’s trial) that they were taken on boat trips. One 6-year-old boy testified that the boat was driven by a pirate….

“Bill Hart, an assistant attorney general prosecuting the case, said State Bureau of Investigation agents and Edenton Police Officer Brenda Toppin are reviewing the confiscated material….”

– From an Associated Press dispatch, Nov. 30, 1991

Needless to say, the Montana tape seizure was quickly revealed as a fool’s errand.

But how excited the prosecutors must have been by the prospect of finally finding actual evidence to support their multiplicity of charges!

I e-mailed the Montana stories to Scott Privott, who said that until now he had only heard word-of-mouth accounts.

He remembered Dorene Anna Stearns and David Lee Etheridge as no more than acquaintances in Edenton. “As far as her tales of seeing me in a movie, I wonder how even the state could believe that…. If a movie did exist and she saw it in ’87, why didn’t she report it to authorities back then?”

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Earl Ofari Hutchinson

Dec. 28, 2016

“The problem of juror pressure on a dissenting juror has long been known by defense attorneys and prosecutors.

“In a National Center for State Courts project on hung juries, researchers surveyed 367 unanimous decisions…. In nearly 40 percent of the cases at least one juror [disagreed] but went along with the majority and made the verdict unanimous….

“Research shows that dissenting jurors often go along not because they are convinced about points of evidence but because they bow to ‘normative pressure’: A lone holdout is under relentless and harsh pressure from other jurors to knuckle under. The pressure from the push for speed, the verbal battering and the threat of ostracism is virtually impossible to resist.

“The problem is made worse [in cases] when it’s impossible for a dissenting juror to say with absolute certainty whether the position of the majority is the right one and when the verdict could do horrible legal damage….”

– From “Why Zimmerman Juror B29 Believed in His Guilt But Still Voted to Acquit” by Earl Ofari Hutchinson on the Huffington Post (July 28, 2013)

Bob Kelly’s jury serves as a sad example of the contaminated chemistry of verdict making.