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….


 

When ‘backlash spewed,’ Judy Abbott blamed ‘falsehoods’

Oct. 19, 2012

“The backlash spewed from the guilty verdicts in the Little Rascals Day Care case have (sic) been painful and difficult to hear and live with. Those of us who advocate for the rights of children often feel that the gains made on their behalf over the past few years are eroding under falsehoods propagated by individuals who’s (sic) motives are undetermined.”

– From “Little Rascals Day Care Center Case: The Bitter Lesson, a Healthy Reminder” by Judith Steltzner Abbott (1994)

If the editors of the Journal of Child Sexual Abuse set aside six pages in hopes therapist Judy Abbott might respond thoughtfully to the Little Rascals “backlash,” they were surely disappointed.  Instead, she dodged reality with platitudes and self-congratulation.

Of course, even to acknowledge the concerns of her falsehood-propagating critics (the ones with “motives undetermined”) might have put at risk her nomination for the Distinguished Women of North Carolina Award.

Prognosis uncertain for misled child-witnesses

May 7, 2012

From an exchange with Stephen Ceci, author (with Maggie Bruck) of the landmark “Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony” (1995):

Q: What may have happened to the child-witnesses as a result of being so profoundly misdiagnosed? One Little Rascals child-witness who responded anonymously to an advertisement I placed in the Edenton paper continues to say she was abused by Bob Kelly, although she admits to doubts about the female defendants.

A: We lack good scientific data on the long-term beliefs of individuals who as children were suggestively interviewed. A handful of studies, none of which resemble allegations of sexual abuse, seem to indicate that they grow up with the belief that they were abused, replete with the same psychological sequelae of true abuse survivors.

But you’ll note I use phrases such as “seem to indicate,” because the data are not uniform or consistent and the scenarios are not sex abuse ones. I think many, perhaps most, memory researchers would expect someone who was convinced as a child that he or she was victimized to grow into an adult with the same problems seen in actual victims, e.g., distrust of authority figures, insecurity, etc..

What extreme caution Dr. Ceci, an unsurpassed authority on child abuse, uses not to present theory and speculation as fact…. If only the therapists and theoreticians behind the day-care-abuse mania had shown half the professional uncertainty….

Journal editors find excuses to avoid retraction

Dec. 10, 2012

I’ve been surprised – naively, I suppose – by the refusal of professional journals such as Nursing ResearchChild Abuse & Neglect and Relational Child & Youth Care Practice to retract articles that supported the moral panic of ritual abuse in day cares.

The editors’ common justification is that they published no “specific errors,” such as citing the Little Rascals case by name. This seems to me a narrow and disingenuous view. These articles are wrong to the bone, as wrong as if they had been based on cold fusion or the Protocols of Zion.

Here’s what the Charlotte Observer, my former employer, had to say in 2006 about how it had contributed to the infamous Wilmington coup d’etat of 1898:

“An apology is inadequate to atone for the Observer’s role in promoting the white supremacist campaign. But an apology is due….

“We apologize to the black citizens and their descendants whose rights and interests we disregarded, and to all North Carolinians, whose trust we betrayed by our failure to fairly report the news and to stand firmly against injustice.”

Newspapers, as “the first rough draft of history,” enjoy and deserve some leeway in reaching their standards of accuracy. But the editors at the Observer (and other participating North Carolina dailies) didn’t quibble over “specific errors.” They addressed the root defect in their coverage. Is it too much to expect the same from the editors of professional journals?

He stood up to Trump mania – how will he fare with Prosecutors Club?

Robert F. Orr

csedlaw.com

Robert F. Orr

July 20, 2016

“Orr, a former state Supreme Court justice… angered party officials when he told a WRAL TV reporter that the nominee was ‘singularly unqualified to lead this country.’

State GOP Executive Director Dallas Woodhouse said Orr ‘hasn’t been a good Republican for a long time.’

“Orr said, ‘If I’d know there was some oath of loyalty, some code of omerta, where I couldn’t say anything against Trump, I probably wouldn’t have come.’”

– From “One NC delegate leaves GOP convention after criticizing Donald Trump” by Jim Morrill in the Charlotte Observer (July 19)

Orr’s willingness to break from the herd will be tested mightily in his efforts to undertake an external evaluation of the N.C. State Bar, which so eagerly finds ethics violations among innocence project lawyers but almost never among prosecutors….

Footnote: To the surprise of few, the N.C. Conference of District Attorneys supports restrictions on release of police body cameras and dashboard recordings.

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