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….

For Betsy Kelly’s sister, a chillingly close call

130429Barrow2 July 26, 2013

Rereading appellate defender Mark Montgomery’s thunderously compelling brief on behalf of Bob Kelly always delivers something I had either passed over earlier or forgotten. This time it was that

“(Jimmy) and Nancy Smith also declined to have their son Judson evaluated by one of the four therapists who saw the other children. By the time of trial, both Mr. and Ms. Smith had been accused by several children as having participated in the abuse. (One of the child-witnesses) said of Nancy Smith, ‘She’s Miss Betsy’s sister, so she must be mean.’ ”

The Smiths’ close call highlights once again the terrible randomness of the Little Rascals prosecutors’ accusation process.

How challenging the prosecutors’ decision-making must have been: Which child-witness had been adequately manipulated, and which couldn’t be counted on to earnestly describe the sharks, the butcher knives and the dead babies? Which innocent adult was vulnerable, and which might strike jurors as just too unlikely a serial ritual-abuser?

Nancy Smith (Barrow) recalls today that “I had NO idea I had been accused until working with (defense attorneys) Mike Spivey and Jeff Miller for Bob’s trial. I happened to read some notes from police interviews and saw my name more than once….

“No member of my family – mother, father, Laura, Leslie, or Judson – was ever interviewed by police or prosecutors. Jimmy and I talked with Brenda Toppin one afternoon in her office. She only wanted to know about the state of Bob and Betsy’s marriage.”

‘Ritual abuse’ prosecution as stepping stone?

131216Steinberg Dec. 15, 2013

“….Rumor has it that people are urging former District Attorney Nancy Lamb to run against Republican (State) Rep. Bob Steinberg in Northeastern North Carolina….

“In Steinberg’s district, Democrats hold a 14% advantage over Republicans and unaffiliated voters hold a 4 point margin over the GOP.”

– From “Here Come the Women” by Thomas Mills at PoliticsNC (Dec. 5)

If the idea of a spectacularly misguided “ritual abuse” prosecutor pursuing a further political career seems unlikely, consider that two of the worst actors in the Fells Acres (Gerald Amirault) case – Scott Harshbarger and Martha Coakley – both went on to election as Massachusetts attorney general.

And Janet Reno, prosecutor of the Country Walk (Frank Fuster) case became U.S. attorney general.

This time, will NC Bar tell DAs to play fair?

cheshireparker.com

Brad Bannon

April 20, 2016

“‘If prosecutors have an ethical duty to avoid wrongful convictions, then they should have some sort of ethical duty to remedy wrongful convictions,’ said attorney Brad Bannon of the North Carolina Bar’s ethics committee.

“He wants North Carolina to adopt a rule recommended by the American Bar Association, requiring prosecutors to come forward if they find ‘new, credible and material evidence’ that an innocent person is serving time. Thirteen states have adopted the post-conviction rule. North Carolina isn’t among them.

“The State Bar rejected the rule several years ago but recently appointed a committee to reconsider….”

– From “Rule targets prosecutors who don’t reveal innocence evidence” by Martha Waggoner of the Associated Press (April 16)

Given prosecutors’ disproportionate influence on the state bar, to even “reconsider” the disclosure rule suggests the recent stream of unbecoming publicity hasn’t gone unnoticed.

Exoneration depends on catching eye of media

121003Echols Oct. 3, 2012

“You can have all the evidence in the world, and that’s still only 50 percent of the fight. The other 50 percent is media.

“You have to get the media to pay attention. If not, they’ll sweep it under the rug and keep going.”

– Damien Echols of the West Memphis Three, analyzing (in the New York Times) his continuing struggle for exoneration.

If you’re in the media – reporter, editor, blogger, author, moviemaker, aerial advertising entrepreneur – and ready to pay attention to the Edenton Seven, let me hear from you.