Jan. 18, 2013

““I am the grandmother of a Little Rascals Day Care victim, and I am greatly disturbed by many responses to ‘Innocence Lost: The Verdict.’

“Wake up out there! Do you think everything you see on television is true? The bizarre stories told by some of the children are unbelievable to the unknowing adult – being cooked in microwave ovens, going on spaceships – but by some Kelly magic, the children were brainwashed to believe them. I repeat! Wake up America.”

 – From a letter to the editor of the Chowan Herald by Frances P. Wilkins of Edenton (Aug. 26, 1993)

Nov. 26, 2019

I’ve previously cited here and here Elle magazine’s deeply reported 1993 article on the Little Rascals case. You can read it here.

But I had somehow overlooked this response to Greensboro journalists Edward Cone and Lisa Scheer from assistant attorney general Bill Hart. It has not aged well.

Dear Ed and Lisa,

I have read your recent article in Elle Magazine, “The Demons of Edenton.”

I found it interesting that you chose to leave out the fact that Chris Bean, now a District Court Judge, had initially represented Bob Kelly as his lawyer, until he found out that his son had been abused.

I also found it interesting that you chose not to include the fact that Bob Kelly’s jury had the full benefit of the experience, knowledge, and wisdom of both Maggie Bruck and William Kenner through their testimony at his trial.

Notably absent from your article was any balancing psychological viewpoint to the Bruck/Kenner/Ofshe propaganda. You had access to the testimony of Mark Everson, a psychologist who testified for the state at Bob Kelly’s trial, but did not quote him. You criticized Roland Summit, but did not quote him….

Sincerely,
William P. Hart
Special Deputy Attorney General

I won’t use this post to address all of Hart’s claims, but….

– Chris Bean’s role in the case, far from being culpatory for Bob Kelly, actually provoked stinging criticism from the North Carolina Court of Appeals. “This boils down to the most fundamental questions of fairness,” Judge Gerald Arnold said. “When you have an attorney testifying that ‘I was Mr. Kelly’s attorney and I believed in him very strongly until I learned the truth, that is to say that he’s guilty, and then I was shattered.’ How can there be more prejudicial, stronger evidence put before a jury than to have a former attorney, the defendant’s attorney say that?” Further, Bean was among those parents whom prosecutors inappropriately but persuasively presented as de facto experts on child psychology.

– Mark Everson, UNC psychologist, was tragically influential with a “coherent package” of misconceptions he clung to long after they had been exposed by updated research. And of course there’s his jaw-dropping “where there’s smoke there’s fire” argument….

– Los Angeles psychiatrist Roland Summit, a key player in the McMartin Preschool trial, tried too late to shed responsibility for the many defendants wrongfully convicted by his “child sexual abuse syndrome” theory.

Bill Hart’s letter didn’t mention it, but I have to wonder whether this was the Elle passage that actually got under his skin most annoyingly:

“[Hart] is emotionally involved in the Little Rascals case to a startling degree. Last year he married Patricia Kephart, the mother of a Little Rascals child, who Hart had become romantically involved with during his prosecution of the case. ‘If anything it’s made it more difficult on me,’ he says of his entanglement in the investigation.”

There are huge and obvious problems with Hart’s behavior, but his “difficult” personal consequences don’t rank high on the list.

 

Jan. 3, 2015

“Lurid tales of children being sexually abused, of animals being ritually slaughtered and babies being bred for sacrifice, in bizarre black magic ceremonies by cults of devil-worshipping Satanists first surfaced in America in the early 1980s. The allegations of what became known as Satanic ritual abuse soon spread to Britain, Australia and New Zealand in the late 1980s and early 1990s….

“As early as 1994 a UK government-funded investigation concluded there was no evidence Satanic ritual abuse existed. Yet despite the continuing absence of evidence, anywhere in the world, a minority of child care professionals including police officers and social workers, and adult psychotherapists, psychologists and psychiatrists persist in the belief that Satanic ritual abuse exists….”

– From a synopsis of remarks by Rosie Waterhouse, a journalist and academic who has been the foremost investigator of supposed “satanic ritual abuse” in Great Britain for the past 24 years

If my Google News feed is any measure, however anecdotal, such British claims may now outnumber those from the States. I asked Dr. Waterhouse to expound:

“There is a hard core of ‘believers’ who continue to spread the myth and very alarmingly seem to have influence among authorities and the media….

“The whole culture now about allegations of child sex abuse – from Satanic to dozens of police and official investigations and inquiries into non-Satanic ‘historic’ allegations, including against high-profile people including celebs and politicians – has become hysterical….

“Setting aside the Satanic abuse allegations – which I believe to be the most spurious, because as far as I am aware there has never been produced any physical, forensic, corroborating evidence, anywhere in the world – the historic non-Satanic allegations which have gone to trial have resulted in some convictions and some acquittals. Of other allegations which have not yet come to court, some may be true. Others I sense are the product of trawls for alleged survivors and witnesses to come forward, often with the prospect of compensation, and are false….

“The tidal wave of allegations is overwhelming. I really am depressed by it all.”

Sept. 23, 2013

There’s a bit of an update out of Raleigh on Junior Chandler’s prospects for clemency.

Billy Chandler, Junior’s brother, received this email last week from Pat Hansen in the Governor’s Clemency Office:

“Attorney Mark Montgomery filed a commutation request with this office at the end of Governor Perdue’s term in office.  However, due to the volume of requests received, the request was not ‘officially reopened.’  Currently, we are working on all of the cases held over from the Perdue Administration.  Unfortunately, I cannot tell you when your brother’s case will be reviewed.”

In North Carolina the governor’s clemency power covers both pardons and commutations. Here’s the stated distinction:

“Commutation – whereby an individual presently incarcerated and serving an active sentence has their sentence commuted or reduced by any number of years, months, or days, or to make parole eligible, or to time served which would release the individual immediately.

“Pardon – may be granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence for a criminal offense.  Ordinarily, an applicant must wait to apply until at least five years have elapsed since the applicant was released from State supervision (including probation or parole).  A Pardon is merely an official statement attached to the criminal record that states that the State of North Carolina has pardoned the crime. A Pardon does not expunge or erase a criminal record….”

As much as the facts of Junior’s case call for a pardon, a commutation seems not quite as steep a challenge. However great “the volume of requests received,” Junior Chandler’s surely deserves to be at the top of the stack.