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….


 

Latest site of ‘ritual abuse’ claims: Scotland

Carole Myers/Felstead

theguardian.com

Carole Myers/Felstead

March 21, 2016

“Once again advocates of the much discredited Satanic Abuse Panic are making claims of widespread child abuse across Britain.

“Scotland appears to have become caught up in a nationwide frenzy of superstitious irrationality. This moral panic exhibits typical clichés of sensationalist psychology. In England, the case of Carole Myers/Felstead – whose family were falsely accused of an endless variety of insane criminal acts – has comprehensively demonstrated that the existence of Satanic Cults preying on vulnerable children is a myth created on the therapist’s couch…. Real victims of abuse are being let down by focusing on this nonsense.”

– From “Recent Satanic Abuse Claims in Scotland” by the British False Memory Society (March 10)

For whatever reason, the UK seems especially resistant to having its fingers pried from the myth of “satanic ritual abuse,” which migrated from the States in the late ’80s.

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Building a better mousetrap? Not exactly….

140824GolemanAug. 24, 2014

“The following dialogue is from Daniel Goleman’s article ‘Studies Reflect Suggestibility of Very Young as Witnesses,’ in the New York Times (June 11, 1993). It is an excerpt from 11 interviews of a four-year-old boy, who each week was told falsely: ‘You went to the hospital because your finger got caught in a mousetrap. Did this ever happen to you?’

“First Interview: ‘No. I’ve never been to the hospital.’

“Second Interview: ‘Yes. I cried.’

“Third Interview: ‘Yes. My mom went to the hospital with me.’

“Fourth Interview: ‘Yes. I remember. It felt like a cut.’

“Fifth Interview: ‘Yes.’ (Pointing to index finger….)

“Eleventh Interview: ‘Uh huh. My daddy, mommy, and my brother (took me to the hospital) in our van…. The hospital gave me . . . a little bandage, and it was right here’ (pointing to index finger).

“The interviewer then asked: ‘How did it happen?’

“ ‘I was looking and then I didn’t see what I was doing and it (finger) got in there somehow…. The mousetrap was in our house because there’s a mouse in our house…. The mousetrap is down in the basement next to the firewood…. I was playing a game called “Operation” and then I went downstairs and said to Dad, “I want to eat lunch” and then it got stuck in the mousetrap…. My daddy was down in the basement collecting firewood…. (My brother) pushed me into the mousetrap…. It happened yesterday. The mouse was in my house yesterday. I caught my finger in it yesterday. I went to the hospital yesterday.’ “

– From “Case Study of Implanted Memory” by Martin Gardner in Skeptical Inquirer (Fall 1994)

Does this experiment’s series of 11 interviews strike you as extreme? For at least one of the Little Rascals children, Judith Abbott, lead therapist for the prosecution, conducted biweekly sessions for six months!

Why prosecutors can’t admit they’re wrong

111019Tavris2March 5, 2012

“DURHAM — Tracey Cline could not admit she was wrong….”

Thus begins J. Andrew Curliss’s latest behavioral analysis of Durham County’s latest disgraced district attorney.

Coincidentally, Curliss cites a book I’ve been reading to better understand the rigidly wrongheaded behavior of the Little Rascals prosecutors.

Carol Tavris, a Los Angeles social psychologist who has researched and written about the behavior and decision-making of prosecutors, said studies show the human brain, when sorting out conflicting beliefs and actions, will engage in a powerful act known as ‘self-justification.’

“It can keep people from admitting they are wrong and can be more powerful and more dangerous than an explicit lie, she said in an interview and in a 2007 book she co-authored, ‘Mistakes Were Made (But Not By Me)’…

“Self-justification is especially concerning in the justice system, Tavris said, because authorities often view themselves as ‘good guys’ doing the ‘right thing’….

“ ‘It’s really, really, really hard to face the reality that you screwed up,’ she said. ‘When we have a view of ourselves as good, competent, ethical, honest people and we are now confronted with evidence that we did something that was incompetent, unethical, immoral or harmful, we have two choices. We can ’fess up – say, “Oh, my God, look at this evidence, what did I do? How can I make amends?” – or, we deny.’ ”

Here’s a recent public ’fessing up that could be a model for errant prosecutors: “I want to express my sincere regret and apology…. It was a terrible mistake, and we knew it was wrong while we were doing it. Instead of getting caught up in it, I should have stopped it.”

Alas, it comes not from Cline – or from H. P. Williams Jr., Bill Hart or Nancy Lamb – but from the NFL coach who oversaw the “bounty” system for disabling opposing players.

What is ‘appropriate indemnity’ for wrongful prosecution?

Edwin Borchard

justicedenied.org

Edwin Borchard

June 21, 2016

“One of the earliest arguments for financial compensation for the wrongly incarcerated came in 1932, from the Yale law professor Edwin Borchard. In an influential book called ‘Convicting the Innocent: Sixty-five Actual Errors of Criminal Justice,’ Borchard wrote, ‘When it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity for the loss and damage suffered.’ He noted, ‘European countries have long recognized that such indemnity is a public obligation.’ But it would be many years before the United States began puzzling through what constituted an ‘appropriate indemnity.’ It wasn’t until the first DNA exoneration, in 1989, that most states began to seriously consider compensation.

“There is still no consensus about the value of lost time. Missouri gives exonerees $50 a day for time served, California twice that much. Massachusetts caps total compensation at $500,000. In Maine, the limit is $300,000; in Florida, it’s $2 million. The variation is largely arbitrary. ‘If there’s a logic to it, I haven’t seen it,’ Robert J. Norris, a researcher at SUNY Albany who has studied compensation statutes, told me…. Twenty states have no compensation statutes at all.”

– From “The Price of a Life: What’s the right way to compensate someone for decades of lost freedom?” by Ariel Levy in the New Yorker (April 13, 2015)

North Carolina exonerees are entitled to $50,000 for each year spent in prison, plus job training and college tuition, up to a maximum of $750,000. However, those statutes apply only to persons “granted a pardon of innocence by the Governor upon the grounds that the crime with which the person was charged either was not committed at all or was not committed by that person.”

As excruciatingly demonstrated in the case of Henry McCollum and Leon Brown, not every governor is in a hurry to enable that compensation.

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