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….

View from exoneree: Jurors, be skeptical about professionals’ claims

nooncaprop66.org

Francisco Carrillo Jr.

April 14, 2017

“In wrongful convictions, the jury at some point was misled, either by false testimony or bad evidence. It’s the unspoken piece that the jurors – the public – are the ones who are ultimately used to convict someone unjustly because they were misled.

“When you’re selected, you’re officially deputized to be part of the system, and the jury can’t take the nonchalant position of ‘The professionals know what they’re doing, we’re just here.’ No, you’re a key part of this. You have to think about it, and if you don’t ask, if you don’t speak up if there’s a doubt, someone’s life could be ruined.”

– Francisco Carrillo Jr., quoted in “Wrongful-convictions database moves to UC Irvine” in the Los Angeles Times (April 14)

Carrillo spent 20 years in prison for a fatal drive-by shooting in Los Angeles County, Calif. His conviction was overturned in 2011.

Gullibility was only one of the problems corrupting the decision-making of Bob Kelly’s jurors.

A mother to fear at your day-care door

June 6, 2012

“The Kellys decided to buy the day care center after a previous owner quit following a dispute with a mother (who) was upset that her son didn’t get cake at a party because he wouldn’t wear a bib, Mrs. Kelly said (in testimony at Bob Kelly’s trial).

– The Associated Press, Feb. 11, 1992

What a coincidence – Jane Mabry, the disgruntled mother who ran off the first day-care owner, is the very same disgruntled mother who shut down the Kellys!

N.C. judge throws out ‘ritual abuse’ conviction

140828Parker Aug. 28, 2014

“ASHEVILLE, N.C. – After more than 20 years behind bars, Michael Alan Parker, 57, walked past the barbed wire gates of Craggy Correctional Center and looked out at the mountain skyline on Tuesday morning.

“Convicted of sexually abusing his three children in a 1994 trial charged with allegations of Satanism, Parker was freed after Superior Court Judge Marvin Pope ruled Monday that the medical evidence would no longer be interpreted as proof of sexual abuse. Pope vacated Parker’s sentence and dismissed the charges against him….

“Parker was first jailed in February 1993, when he and several codefendants were accused of abusing Parker’s three children in and near their home in Saluda, N.C.

“At trial in 1994, Parker’s children testified in graphic detail about abuse that prosecutors labeled ritualistic. The 9-year-old girl testified that she had been sexually abused in a garage behind their home. She said a fire was burning inside a circle made of rocks, and she heard people chanting in soft voices.

“In an emotion-charged atmosphere, then-Assistant District Attorney Mike Edwards called the trailer park where the family lived ‘Sodom and Saluda’ and quoted the Bible in his statements to the jury….”

– From “Henderson County man walks free after 20 years in prison“ by Renee Bindewald in the Spartanburg (S.C.) Herald-Journal

Congratulations are in order for Mr. Parker and his appellate lawyer, Sean Devereux, who had labored doggedly (and often pro bono) on his behalf since 1999.

The similarities to Andrew Junior Chandler’s case are obvious, although the “Sodom and Saluda” allegations in the Parker case were rooted in domestic turmoil rather than in the way-too-familiar day-care fantasy. Most notable is Judge Pope’s recognition that the type of medical validation of abuse presented at trial has been persuasively discredited – see also, the physician’s recantation that set Fran and Dan Keller free.

Will Pope’s decision prove to be an aberration? Or does it presage the breakthrough Junior Chandler has for so long been denied?

Mumma victimized by prosecutor’s perverse priorities

newsobserver.com

Joseph Sledge

Jan. 16, 2016

“Joseph Sledge spent 37 years in prison for a crime he didn’t commit. At his trial, the state paid a lying snitch to testify against him. While he was in prison, (Jon David, the latest Bladen County district attorney) opposed the DNA testing that would eventually prove Sledge’s innocence. And when the long-delayed tests showed Sledge wasn’t the culprit, the state waited another two years to release him from prison.

“Now that Sledge is finally free, the only person being punished is the lawyer who fought to prove his innocence, Chris Mumma. On Thursday, the State Bar found that Mumma violated professional ethics by testing a water bottle for DNA without permission from its owner – all in an attempt to gain an innocent man his freedom against long odds. (The test of the water bottle was inconclusive and had no impact on the final outcome.)….

“In all the cases where Mumma has freed innocent people, no prosecutor has ever faced charges….Instead, the State Bar sent a message that lawyers who expose the system’s misdeeds could be subject to retribution….”

– From “Let’s punish lawyers who put innocent people in prison, instead of those who free them” by Kristin Collins at NC Coalition for Alternatives to the Death Penalty (Jan. 15)

Three years ago I took DA David at his word when he promised:

“I really see us as sharing the goal of making sure (Sledge’s) conviction rests on credible and substantial evidence. I’m going to go where the truth leads in this matter.”

I was naïve. As it turned out, David’s true passion wasn’t for exonerating an innocent man but for punishing his lawyer.