Sept. 3, 2012

Since its creation by the General Assembly in 2006, the North Carolina Innocence Inquiry Commission has considered more than 1,100 innocence claims, three of which resulted in exonerations.  This is from a letter I wrote the Innocence Inquiry Commission requesting that it take up the case of the Edenton Seven:

“I am fully aware that my request falls outside the letter of your mandate. It is of such importance, however, that I believe consideration by the Commission would be both just and appropriate.”

And this is from the response I received from Kendra Montgomery-Blinn, executive director:

“By law the Commission is only permitted to consider claims arising from current convictions. We cannot consider cases in which the conviction was vacated, even if the claimants were not fully exonerated.

“I am familiar with the (Little Rascals) case as I studied it both in college and in law school. In fact, I cited the case in the brief for a 2007 Commission hearing….

“I am sorry that the Commission cannot be of further assistance. The only other option I am aware of is a Gubernatorial pardon. The surviving defendants from the Wilmington 10 case have recently applied for pardons.

“Thank you for contacting the Commission and for continuing to bring attention to this important case and the subject of wrongful convictions. I am proud that North Carolina is first in the nation to have a state-run innocence commission.”

Another door to exoneration is closed, however sympathetically. Others remain.

Footnote: The hearing Ms. Montgomery-Blinn mentions grew out of a 2001 case in Pitt County. Henry Reeves had been convicted of taking indecent liberties with his 6-year-old daughter, Marquita. This passage in the Innocence Commission’s investigative statement caught my eye:

“Barbara Hardy (the child’s mother and the defendant’s wife) stated that when Marquita came out of her sessions with Dr. (Betty) Robertson, Marquita would have gum or little presents, and Marquita would state ‘Look what she gave me for getting the questions right.’

“Mrs. Hardy said that she tried to tell Dr. Robertson that Marquita was a people pleaser  and may say things just to be rewarded, but Dr. Robertson said, ‘I believe it happened, and it’s going to court.’

“It is important to note that Dr. Robertson…. provided therapy and evaluations to 23 of the children in (the Little Rascals) case….”

Still rewarding possibly-abused children for “getting the questions right”?  Did Betty Robertson learn nothing from the 23 false positives she reported in Edenton?

July 18, 2012

“Law enforcement officials are teaming up with social services experts to investigate and more effectively prosecute child sexual abuse in North Carolina day-care facilities….

“State Bureau of Investigation Director Charles Dunn said… the goal is to train up to 300 individuals in the state’s largest cities.

“Under the protocol, agencies in counties would establish guidelines for interagency task forces. Each task force would include an investigative unit and a resource unit.

“The typical investigative unit would include a child protective services social worker, law enforcement officer, consultant from the state day-care licensing agency and an SBI agent.

“The resource unit might include medical personnel, SBI lab experts, mental health workers and representatives of the attorney general’s and local district attorney’s offices…

“The General Assembly (this year required) SBI notification within 24 hours of any report of sexual abuse in a day-care setting. ‘The Little Rascals case really just helped to focus the public’s and the legislature’s attention,’ ” Dunn said.

– From the Associated Press, July 21, 1992

I suppose this massive response by the state could be described as closing the barn door after the horse is out – except, of course, for the absence of a horse in the first place.

Two decades have passed since all that staff training, protocol drafting and attention focusing, but apparently the state’s interagency task forces are still waiting to be activated for the next day-care ritual abuse case.

Nov. 9, 2012

“Did I recognize that child sex abuse existed and was a serious problem? reporters would ask. A strange question, that. The discussion of no other crime would require such a disclaimer. Journalists who have written about false murder charges are seldom asked to provide reassurance that they know murder is a bad thing, and it really happens.”

– From “No Crueler Tyrannies: Accusations, False Witness and Other Terrors of Our Times” by Dorothy Rabinowitz  (2003)

June 24, 2016

“I was a juror on the Edenton Little Rascals sex abuse case, and I heard all the facts.

“During eight months of testimony I heard no evidence to prove that Bob Kelly was guilty of any charge. I did hear children, parents and grandparents say that they believe sex abuse took place at the day care. I heard children talk about bizarre things that were supposed to have happened at the day care and other places (often being reminded by the prosecution). I heard parents say they believe sex abuse took place at the day care.

“I also heard the same parents talk about their child’s normal behavior and how they noticed no abnormalities and that their children were fine and that they didn’t believe the allegations. I also heard how children asked parents why the day care closed and stated how they liked Mr. Bob and Mrs. Betsy.

“I feel it’s very important that readers know what was going on in Edenton at the time of the allegations. We know what was said in court 2 1/2 years later. Do you ever wonder what the evidence would have been if the case went to trial six months after allegations? Well, I don’t have to wonder. Other than the evidence lost or destroyed, I heard it all, and I’ll say this to the last day of my life, that the evidence that came through the courtroom did not prove that Bob Kelly committed any kind of sex abuse.

“To the grandmother who feels jurors made fools of themselves for appearing on ‘Frontline’ to try and tell the world the truth about the Little Rascals sex abuse case, then so be it.”

Roswell Streeter
Greenville

– From “Court evidence did not prove Kelly guilty,” letter to the editor of the Greenville (N.C.) Daily Reflector (Sept. 3, 1993)

Forty-five days earlier, Streeter and four other jurors had appeared on “Innocence Lost: The Verdict,” revealing to Ofra Bikel how they came to vote guilty.

From the “Frontline” web page: “Of the five jurors interviewed, only two were fully comfortable with the verdict they had issued. In both cases, it was the children’s testimony that had convinced them. The other three jurors were troubled and said they regretted their verdict and had serious doubts about Bob Kelly’s guilt. Two jurors, Mary Nichols and Marvin Shackelford, said that worries about their personal health (Shackelford had had two heart attacks, and Mary Nichols was very ill with leukemia) had driven them to vote guilty just to resolve the endless deliberations and go home. Roswell Streeter, who at 28 was the youngest member of the jury, said he felt intimidated and confused, and finally lost all sense of perspective.”

One of the two jurors who acknowledged no doubts about Kelly’s guilt was Dennis T. Ray, who wound up in court defending (not very persuasively) his own behavior.