Nov. 8, 2014

“In the summer of 1989, I accepted my first job at a daily paper when The Daily Advance hired me to cover a two-county beat – Chowan and Perquimans. When I arrived, Bob Kelly had just been arrested and charged in about a dozen cases. My editor told me about it, almost in passing, and said, ‘You might want to keep an eye on it.’ I did, and for the next two years it consumed my life.

“I was 24 years old with a wife of two years and no children. I had no experience reporting on police and courts and was very naive as to how the system worked. As the case expanded I became convinced of the defendants’ guilt. Their lawyers wouldn’t let them talk and they were hard to reach in jail. Prosecutors were also tight-lipped, but some of the parents couldn’t stay that way.

“For two years all I had to go on were the stories of parents and what I believed to be a mountain of evidence in the hands of prosecutors. Shortly before Bob’s trial began, three important things happened. I finally got to interview two of the defendants (Robin Byrum and Scott Privott). Their stories were very convincing and I was no longer certain of their guilt. I was also promoted to an editing position and was no longer actively reporting on the case. I was in charge of the reporters who would. Also at this time the ‘Frontline’ show came out, pretty much blowing the lid off the prosecution’s case.

“As Bob Kelly’s trial unfolded, I found that the prosecution had little to no evidence. My faith in the case was weakened and I was surprised when Bob was convicted. Then another defendant (Dawn Wilson) fell and Bob’s wife Betsy Kelly pleaded no contest. That upset me because I was convinced she was innocent and I wanted her to fight and prove it.

“At this point in my life, I had become a parent and soon my first marriage would end. I returned home to Colorado but continued to follow the case from afar. I was happy when the convictions were overthrown and the other charges dropped. As a parent I could now see and understand that what was normal childhood behavior was being grossly misinterpreted as signs of child sex abuse.

“In hindsight, I feel bad for everyone involved in the case. Both sides went through hell. Most of all, though, I feel for the children. Their lives were altered and family and community dynamics changed by forces beyond their control and beyond reason.”

– Joe Southern, recalling his experience covering the Little Rascals case for the Elizabeth City Daily Advance

This 1991 piece, reprinted in a Del Rio, Texas, paper, seems to be reporter Southern’s lone Little Rascals story to survive online. He is now managing editor of The Sealy News in Sealy, Texas.

More recently, the Daily Advance has shown far less interest in the case – well, none, actually – or in Nancy Lamb’s responsibility for pursuing and prolonging it.

Oct. 24, 2011

It’s almost obscene to consider the Edenton Seven as lucky, but at least they eventually went free.

Mark Montgomery, the Durham appellate lawyer who represented Bob Kelly, cites two clients still in prison after being convicted of bizarre sexual abuse during the decade of moral panic, 1984-94.

“Junior Chandler was a driver for a (Madison County) day care. The prosecutor (the same who prosecuted Bob Kelly) alleged that Junior would drive off his route to a park by a river, strip the children of their clothes, troop them down to the river, put them in a rowboat, commit various sexual acts, put them back on the bus and take them home.

Based almost exclusively on hearsay and expert ‘vouching,’ Junior was convicted in 1987, and sentenced to two life sentences.

“Pat Figured was supposed to have driven from North Raleigh to Smithfield over his lunch hour to stick a screwdriver into the anal openings of his girlfriend’s two children. (UNC Chapel Hill) psychologist Mark Everson testified that the children ‘had been abused by Mr. Pat Figured.’ Pat was convicted in 1993 and sentenced to life in prison.”

Here is the North Carolina Supreme Court’s 2010 decision that kept Andrew Chandler Jr. a/k/a Junior Chandler in prison.

And here is a thorough history of Pat Figured’s case.

The fate of Chandler and Figured is surely appalling. However, Montgomery adds, “For each defendant who went to trial and was convicted of sexual abuse, dozens more pled guilty to a lesser charge in order to avoid trial for crimes that are difficult to defend against and carry draconian penalties.”

Nov. 16, 2013

An update from Mark Montgomery, Junior Chandler’s appellate attorney: “[The N.C. Center on Actual Innocence] reviewed Junior’s case but could not find anything that would help him.  The ‘kids’ were too young at the time to have anything helpful to say now.  Of the two retarded adults who rode Junior’s bus (and testified against him), one is dead and the other incompetent.”

On a somewhat more encouraging note, Mark reports that the governor’s office has notified him that Junior’s clemency application is being considered.
Want to put in a word on Junior’s behalf? Here’s where to write:

Executive Clemency Office
4294 Mail Service Center
Raleigh NC 27699-4294

Nov. 7, 2012

“Mass hysteria always makes perfect sense when we are trapped in it. It can take decades – or even longer – before the crazed irrationality of a particular episode shows itself for what it was.”

– From “When Mass Hysteria Convicted 5 Teenagers” in The New York Times (October 27)

Thanks to a new documentary by Ken Burns, the Central Park Five – all convicted of a widely publicized 1989 rape and beating – will soon return to the spotlight. According to the Times,
Burns depicts “the forces that led citizens, politicians, the media and the criminal justice system to brush past yawning gaps in the evidence in the case.”

Beyond a shared year on the timeline of wrongful prosecutions, these urban teenagers, black and Hispanic, seem to have borne few similarities to the Edenton Seven. But I could never read  the  words “yawning gaps in evidence” without thinking of a Little Rascals prosecution built almost entirely on the resolutely manipulated, deceitfully paraphrased testimony of children.