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….


 

Shame links Edenton with other ‘ritual abuse’ sites

151011ShewanOct. 11, 2015

“Satanism lacks a (Jim) Jones or (David) Koresh. Satanism has no Jonestown, no Waco, no Kool-Aid, no casual point of reference.

“This is because Satanic cults, as imagined in popular culture, do not exist.

“Still, some places across the country – West Memphis, Arkansas; Manhattan Beach, California; Edenton, North Carolina; Austin, Texas – belong to a brotherhood of cities united not by the stunned, silent grief of a tragedy like Waco’s, but by the shame of having left innocent families’ lives in ruin in the fervent pursuit of an imaginary evil….

“The ‘Satanic Panic’ of the 1980s and early ’90s was arguably even more frightening than a typical cult precisely because of this lack of a central figure or place; anybody could have been involved, and nobody was above suspicion….”

– From “Conviction of Things Not Seen: The Uniquely American Myth of Satanic Cults” by Dan Shewan at Pacific Standard (Oct. 8)

‘I walked into FREEDOM….’

Bob Kelly, left, and Mark Montgomery at Duke Univerisity School of Law on Feb. 18, 2019.

Sept. 22, 2020

A burst of sunshine in these grim times. A note arrived today from Little Rascals Day Care case exoneree Bob Kelly: “Today, 25 years ago, because of Mark Montgomery’s wonderfully written and argued brief, I walked into FREEDOM…. Thanks to him and people like you who have believed in us!”

LRDCC20

Unaccountable prosecutors: A familiar story

May 15, 2013

“As one of the lead prosecutors, (Elizabeth Lederer) helped lock up five young people (the Central Park Five) based on false confessions, no DNA evidence and media hysteria, for a collective 30 years….

“Lederer never apologized. Today, she still serves as an assistant district attorney and teaches at Columbia Law School, one of the most prestigious institutions in the country. While those wrongfully convicted lost years of their lives, her efforts to imprison them had no negative consequences for her…. People like Lederer whose failures cost livelihoods should be held accountable for their actions….

“Defending Lederer’s role in the case as an aggressive lead prosecutor, (New York Times columnist Jim) Dwyer dismissed that as: ‘Mistakes were made.’ That’s the standard public relations line used when trying to deflect blame. But what kinds of mistakes? What were their effects?”

– From “For Central Park Five, wrongful conviction meets false equivalence” by Raymond Santana and Frank Chi at Salon.com (May 3)

You know where I’m going with this: the Edenton Seven were locked up for some 15 years, and the “aggressive lead prosecutor” in their case remains ensconced on the state payroll, still unrepentant – and always available to share her expertise on “how to defend the forensic interview in the courtroom.”

Perhaps, however, the notoriety she achieved as Little Rascals prosecutor helps explain why she hasn’t risen to district attorney or to district court judge.

Even if so, of course, that consequence wouldn’t begin to atone for the horrors she inflicted over a nonexistent crime.

French prosecutors erred – and admitted it!

120403Clement1April 4, 2012

“An appeals court Thursday overturned the conviction of six people accused of participating in a pedophilia ring in northern France five years ago, unraveling one of the most mismanaged cases in French judicial history and leaving the nation asking how the court system could have gone so awry.

“ ‘I apologize to the acquitted and their families,’ Justice Minister Pascal Clement said at a news conference after the verdict was announced in Paris.

“He ordered a triple investigation of the police, judiciary and social services involved in the case…. ‘I want the French people to know that I will get to the bottom of this,’ he said.

“Paris’s chief prosecutor, Yves Bot, had personally asked the appeal court to acquit the six, calling the case a ‘true catastrophe’ and demanding an investigation into who was responsible for such a gross miscarriage of justice. ‘We must do what is necessary to make sure this doesn’t happen again,’ Bot said.

“But others were heartened by the appeal, saying that it showed that the courts were capable of self-criticism and self-correction.

“ ‘That’s indispensable in a democracy,’ said Dominique Wolton, a sociologist at France’s National Council for Scientific Research.

“The case began in 2000 in the town of Outreau after a number of children told a teacher that they had been abused.

“It was marred by deep doubts from the beginning, said Yves Jannier, France’s attorney general.

“He noted that the investigative report by the police in July 2002 found ‘more doubts than certainties’ in the accusations, but said, ‘No one had enough critical sense to stop the machine.’ ”

– From the International Herald Tribune, Dec. 2, 2005

Thanks to lawyer-neighbor Lou Lesesne for steering me to this account of the Outreau Affair.
Although the case differs in numerous significant ways from such U.S. ritual-abuse prosecutions as Little Rascals and McMartin, I was most struck by the readiness of French officials to acknowledge and apologize for a justice system gone crazy.

Soon after, president Jacques Chirac wrote letters to 13 acquitted defendants and to the widow of a defendant who committed suicide in prison awaiting trial: “Justice is the soul of the republic. We have the imperative duty to draw all the lessons from the immense sufferings endured by all the accused whose innocence has now been established.”

How to explain the French state’s humane response to its costly misdeeds, while our own prosecutors, attorneys general, governors, et al., keep silent?

Why aren’t they too “capable of self-criticism and self-correction”?

Why don’t they too recognize “the immense sufferings endured by all the accused”?