Feb. 6, 2013

“Panic provides a rationale for action, sometimes overreaction or even manipulation. As such, it is the subject of heated accusation and denial that can create a swirl of confusion and frustration.

“Nonetheless, some lessons stand out in the long history of panic. There is no basis for imagining that the frenzied 19th century reactions to disease are a slumbering beast waiting to be roused. Too much government infrastructure and information stand between populations and unfettered panic….”

– From “A Brief History of Panic” by Amy L. Fairchild, David Merritt Johns and Kavita Sivara Makrishnan, public health researchers at Columbia University  (the New York Times, January 28, 2013)

“Frenzied…. reactions” to disease epidemics may have subsided since the 19th century, but they were crucial in animating the day-care ritual-abuse prosecutions of the 1980s and ’90s. And “government infrastructure” – that is, district attorneys’ offices – wasn’t a deterrent but an accelerant!

Nov. 30, 2012

In 1993 (January-February issue), the journal Child Abuse & Neglect published “Sexual Abuse of Children in Day Care Centers” by Susan J. Kelley, Renee Brant and Jill Waterman. This is from the article’s abstract:

“Sexual abuse of children in day care center settings has received considerable attention in the past decade. The nature and extent of allegations of sexual abuse in day care poses unique challenges to clinicians. Cases of sexual abuse in day care typically involve multiple victims and multiple perpetrators, and use of extreme threats to prevent disclosure….”

The article’s misinformation has spread far beyond its original readership. Google Scholar shows “Sexual Abuse of Children in Day Care Centers” to have been cited in other publications no fewer than 36 times, as recently as this year.

I asked Child Abuse & Neglect to publish a retraction.

I received this response from editor-in-chief David A. Wolfe, professor of psychology and psychiatry at the University of Toronto:

“The journal only retracts papers if there are significant errors or other problems, such as plagiarism, health risks etc. Otherwise, it is up to the scientific community to decide when new knowledge or findings would usurp those previously published. This is the case in many areas of research, whereby older (sometimes well-accepted) findings are no longer given credence due to newer findings. It is not feasible or appropriate to remove the previous findings, as that is how science progresses.

“Unless you are aware of specific errors in the 1993 data, rather than drawing different conclusions, the journal would not take any further action.

“I trust this resolves your concerns.”

Well, no, actually it doesn’t. This is what I wrote back to Dr. Wolfe:

“The problem with ‘Sexual Abuse of Children in Day Care Centers’ is not a matter of ‘different conclusions’ being drawn from the data. The entire concept of the article is false: There was never any ‘multiple victim, multiple offender’ sexual abuse in day cares, any more than there was witchcraft in Salem. As has been thoroughly documented by social scientists such as Stephen J. Ceci and Maggie Bruck, and eventually validated in the legal system, all these ritual-abuse cases resulted from a moral panic.

“This passage is from the Retraction Guidelines of the Committee on Publication Ethics: ‘Retraction is a mechanism for correcting the literature and alerting readers to publications that contain such seriously flawed or erroneous data that their findings and conclusions cannot be relied upon. Unreliable data may result from honest error or from research misconduct.’

“And this is from Tom Reller (vice president of global public relations at publisher Elsevier): ‘Our journals, and academia overall, do better when shining a light on bad actors and bad science.’ ”….

“This is my concern, not yours, but ‘bad science’ fostered numerous convictions in Little Rascals, McMartin and other day care prosecutions of the 1980s and early 1990s. A retraction in a journal such as yours would be a significant step toward obtaining true exoneration for these defendants.”

No response from Dr. Wolfe. Maybe he’s reconsidering?

May 13, 2013

“On January 20, (1989, Audrey) Stever met with (social workers) David McCall and Grenda Costin, who told Ms. Stever that there was going to be an investigation into the day care. They also suggested to Ms. Stever that they put Kyle in therapy (and) that ‘they thought something was going on’ at the day care.

“On January 21, (Brenda) Toppin, Ms. Costin and Mr. McCall came to interview Kyle at his home. Ms. Stever prepared Kyle by telling him that he needed to be a ‘police helper’ to help figure out why the children at the day care were sad.”

– From brief for Bob Kelly before N.C. Court of Appeals (1994)

“As an initial social services investigator in the Robert Kelly case, I believe justice was served with this verdict…. A Salem-style witch-hunt did not occur, and a perpetrator of crimes against children was justly convicted. A significant battle in the war against child sexual abuse was fought and won in Edenton….”

–From “Crimes Against Children: A Guide to Child Protection for Parents and Professionals featuring the Little Rascals Day Care Sex Scandal” by David E. McCall (1995)

I asked McCall if he still believes justice was served in Little Rascals. “I stand on my original substantiation of abuse by Robert Kelly,” he said. “I was not involved in the investigation of the others charged.”

He said he went into the case with “significant training” in investigating abuse, adding that “If you ever want a child interviewed to find the truth, I really feel like I’m pretty good at that.”

McCall later left social work and now sells real estate in Edenton.

April 29, 2017

Robin Byrum, not long out of high school and pregnant with her first child, went to work at Little Rascals Day Care Center in September 1988. A year later she was in prison under $500,000 bond, charged with 23 counts of child sex abuse. Prosecutors had no credible evidence against her, but they were betting the youngest defendant would implicate Bob Kelly and the others accused.

“I was in the wrong place at the wrong time,” she recalls today in her first interview since charges finally were dropped against her in 1996. “They thought I would tell on the others. That was the only reason I was swept up.”

Now 15 years into her second marriage, she lives in Eastern North Carolina. For her privacy I’m not mentioning her town or married name. “I’ve gone on with my life. It’s turned out well, in spite of all that….”

——-

After months of sporadic questioning she was arrested in January 1990.  “Three men from the SBI came to my mother’s house. It was so frightening. They intimidated me. One of them put his foot up on the table and I could see the gun in his ankle holster. He said, ‘I’d hate to see you taken away from that child.’

“Then we went to the police station in Edenton. [SBI agent] Kevin McGinnis said he would give me one more chance to talk. I could hear my baby crying in the next room. When I told him again I didn’t know anything, he was so angry he kicked the desk across the room.”

Along with Betsy Kelly and Dawn Wilson, she was put in a cell in women’s prison in Raleigh. “I was three hours from my only family in North Carolina. Strip-searched before and after every visit.

“They put another prisoner in there with us, a snitch, thinking she could get us to talk. But we had nothing to tell….. One day they even tossed our cell, looking for ‘satanic’ passages marked in our Bibles.”

As the months passed, prosecutors offered Byrum ever more tempting plea deals. In a particularly poignant moment in “Innocence Lost: The Plea” (1997) she explains to Ofra Bikel why she had even turned down a deal offering no active time, but an admission of guilt: “‘That would mean knowing I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I [said I] did something when I didn’t do it.’”

In 1990, bond was reduced to a still absurd $200,000 and her grandparents and two aunts in Kentucky managed to pay in time to get her home for Christmas.

Today Byrum, 46, works in health information management. “My office manager knew about the case, but the doctors hadn’t put two and two together until they went to your site. One of them shook his head and said, ‘How did seven people go to prison on something completely unfounded?’ Well, I’m still baffled too….

“How could anyone believe all these things happened? We were a block from downtown, in a building with huge windows and no curtains. Parents walked their 2- and 3-year-olds there, and they dropped by all the time….

“Didn’t a light bulb ever once come on that made somebody use their common sense?”