June 26, 2013

The suburban New York child sex abuse case documented in the Oscar-nominated “Capturing the Friedmans” (2003) returned to the spotlight Monday, this time because of a review panel’s finding that Jesse Friedman had in fact been rightfully convicted.

Although the New York Times describes the Friedman case as having come “to symbolize an era of sensational, often-suspect accusations of child molestation,” many aspects – including the 1988 confessions of both the defendant and his father – make it an outlier to the epidemic of day-care cases of that era.

The review panel itself emphasized this distinction, the Associated Press points out:

“The Friedman case has drawn comparisons to the 1980s McMartin Preschool scandal, but the investigators said they ‘were in no way similar.’ In the McMartin case, the report noted, more than 200 preschool children described being sexually abused by teachers, but only after months of highly suggestive questioning by social workers working with prosecutors. The report noted in the Friedman case, the victims were more than twice as old as the McMartin preschoolers and many in the Friedman case disclosed abuse quickly.”

Regardless, there are similarities, too. In an interview with the Village Voice interview last month, Jesse Friedman had this to say about the young computer students who testified against him:

“When I was in prison, my hope always hung on the idea that, give it five or 10 years; once they get to college, once they’re actual adults, once they’re old enough to no longer be living at home with their parents in Great Neck, they will come forward and admit that they lied.

“When (journalist( Debbie Nathan came to visit me, she told me that most of the complainants in the McMartin case publicly affirm that they were raped and abused in the McMartin Preschool. Whereas that case has been thoroughly, completely vetted beyond all doubt that nothing happened. And yet the kids involved believe that they were abused. She said, ‘You really can’t hang your hopes on the idea that the kids know that they lied and that nothing happened. Because they might very well think that something happened.’ “

Do the now-grown child-witnesses in the Little Rascals case “know that they lied and that nothing happened”? Or does the shapeless memory of their supposed abuse remain forever sealed from self-examination?

April 30, 2012

“Prosecutors are reviewing pornographic videotapes seized in Montana…. A man identified as Willard Scott Privott appears wearing a pirate costume in a boat full of children, according to affidavits….

“Several children have testified (during Bob Kelly’s trial) that they were taken on boat trips. One 6-year-old boy testified that the boat was driven by a pirate….

“Bill Hart, an assistant attorney general prosecuting the case, said State Bureau of Investigation agents and Edenton Police Officer Brenda Toppin are reviewing the confiscated material….”

– From an Associated Press dispatch, Nov. 30, 1991

Needless to say, the Montana tape seizure was quickly revealed as a fool’s errand.

But how excited the prosecutors must have been by the prospect of finally finding actual evidence to support their multiplicity of charges!

I e-mailed the Montana stories to Scott Privott, who said that until now he had only heard word-of-mouth accounts.

He remembered Dorene Anna Stearns and David Lee Etheridge as no more than acquaintances in Edenton. “As far as her tales of seeing me in a movie, I wonder how even the state could believe that…. If a movie did exist and she saw it in ’87, why didn’t she report it to authorities back then?”

March 21, 2015

I spent several hours Friday at Duke University Law School listening to experts detail “Evolving Trends in Forensic Science.”

Fascinating. Topics ranged from the effects of sleep deprivation on jurors’ decision-making to the use of cell tower evidence to determine suspect location. But I was wedged into an auditorium otherwise full of lawyers to hear pediatrician Cynthia Brown and defense attorneys Mark Montgomery and Lisa Miles outline the latest standards for medical exams in cases of suspected child abuse. The good news – if you’re being wrongfully prosecuted in 2015 – is that those standards have become dramatically more specific and sophisticated.

If, however, you were wrongfully prosecuted in 1987, then the fruits of that scientific progress remain maddeningly out of reach.  Waiting for me when I returned home Friday was a letter from Junior Chandler:

“April 15 will be 28 yrs – nearly half my life, all because of lies when I did no crime. It’s a shame & disgrace to the whole N.C. justice system, not only to do this but never to be willing to say they were wrong….”

July 10, 2014

“Thank you for your letter expressing your concerns about the prosecution of the Little Rascals Day Care Center personnel in Chowan County. Although this matter is outside my jurisdiction as head of the executive branch, I appreciate your interest in the administration of justice in North Carolina….

“I would suggest that it might be appropriate to wait until after the trial when all the evidence has been heard before reaching conclusions about the correctness of actions taken by (District Attorney H.P. Williams) and the court.

“North Carolina has had a long history of evenhandedness in the administration of justice, and I am confident that the tradition continues to be in effect. Nonetheless, if you wish to express your concerns directly to the District Attorney, his address is…..”

– From Gov. Jim Martin’s response to PBS viewers appalled by the first installment of “Innocence Lost” (May 7, 1991)

Last week I found in the State Archives in Raleigh about a dozen letters beseeching Gov. Martin to look into the case. Although significantly less heated than those addressing the mayor of Edenton, the letters expressed alarm about the plight of the Edenton Seven:

“As a member of Amnesty International, I write letters to officials of foreign governments, many of them without democratic governments or traditions, urging them to look into the cases of people being unjustly treated…. (In Edenton) one fact cannot be ignored: Defendants have been held in jail without a trial for close to two years….”

– Laura J. Reid, New York City

“I was disturbed by the incredibly high bonds recommended by the District Attorney and allowed by the Judge…. I would hope that you will personally intervene to request judicial review of the bonds set….”

– Steven J. Edwards, Decatur, Ga.

“As a former teacher, I can assure you that children – especially young children – can easily be coaxed, cajoled or pressured into say just about anything an adult might wish them to say.”

– S.T. Reynolds, Woodland, Calif.

I have asked Gov. Martin, now retired and living at Lake Norman, to discuss his views of the Little Rascals case both then and now. I’ll be posting his response soon.