July 16, 2012

“Elizabeth Kelly was denied parole Friday, three months after pleading no contest to charges of sexually abusing children at her Edenton day care.

“Mrs. Kelly, sentenced to seven years, was eligible for parole upon entering prison because she had already served more than two years while awaiting trial.

“Prosecutor Bill Hart said opposition to Mrs. Kelly’s release was heightened by her statements of innocence after entering her plea.

“‘From my work dealing with sex offenders there is no way you can treat a sex offender and restore them to the community until that person admits the wrongness of her actions and takes responsibility….’”

– From the Associated Press, April 16, 1994

From the beginning, the prosecution never missed a chance to tighten the thumbscrews on Betsy Kelly: Plead guilty, implicate your husband or suffer grave consequences. Although she eventually took a plea bargain, she never accommodated Bill Hart’s pious insistence that she admit “the wrongness of her actions.”

In October 1989, about six weeks after her arrest, a hearing had been held in Raleigh on whether Kelly should be forced to move from a mental health unit into Dorm C at women’s prison.

Recalls Faye Sultan, a Charlotte forensic psychologist who testified on her behalf: “She had been found guilty of nothing at that point, but she was being housed in the most isolated, restrictive facility in the prison, where Death Row and disciplinary inmates were housed. Seems a bit unfair, no?”

Sultan testified that Kelly’s “psychological condition is rapidly deteriorating, and in fact she is on the edge of becoming psychotic.”

Why would the state insist on moving a pretrial “safekeeping” defendant to such a hostile environment? “The reason was to pressure Betsy,” says Joe Cheshire, her lawyer. “They didn’t know her very well, did they?”

June 29, 2014

“(The Little Rascals Day Care center) is red brick, with plate glass windows on the front. The two-story structure is located on East Eden Street, amid mostly modest one-family homes, oaks, azaleas and crape myrtles, just a few blocks from the beautiful bay and downtown.

“The neighborhood is quiet now, but as the case unfolded during the last two years, journalists from time to time set upon the area, seeking eyewitnesses to the alleged incidents. Several residents recently told a visitor they had seen none of the alleged acts.

“For some, hindsight is powerful in the wake of the allegations. Lenora Smith, who lives next door to the center, voiced ‘surprise’ at the charges but does remember that ‘a few things I saw were kind of unusual.’

“What?

“Well, Robert Kelly owned a plumbing business, but ‘at times he stayed over there (at the day-care center) a lot,’ she said….

“Some people here admit to being a bit jumpy since the allegations surfaced.

“Debbie Jones said, ‘I get paranoid.’ Extending her hand, palm down, she made it tremble, saying: ‘I’m like this if I’m with my kids in a public place.’

“In a building on the town’s main thoroughfare, South Broad Street, a young boy who looked about 5 years old, bolstered her point. As he walked out of an office into a hall, apparently heading for the bathroom, he looked over his shoulder and said stoically to a woman: ‘If I don’t come back, call the police.’”

– From “Child Abuse Charges at Day-Care Center Divide Formerly Close-Knit Community” by Lee May in the Los Angeles Times (June 8, 1991)

April 10, 2013

“Consider the use of anatomically detailed dolls to prompt shy or frightened children to reveal abuse. This was an innovation of the 1970s, and at first it certainly seemed like an effective and compassionate one.

“But more recent studies have cast doubt on whether these dolls prompt more accurate recall, especially for the pre-schoolage children for whom they are usually deployed.

“The doll is supposed to be a body double for the child him- or herself; but since the vast majority of children this age lack the symbolic thinking required to make such a connection– most two- and three-year-olds, for example, cannot see the relation between a room and a scale model of it – this proposition turns out to be rather dubious.

“More to the point, it seems that some children who have not been sexually abused will also play with an anatomically detailed doll in sexually suggestive ways – promptly removing its clothes, touching or grabbing its ‘genitals,’ sticking their fingers into various orifices. As the authors of one study judiciously put it, the ‘average amount of sexualized doll play by presumably non-abused children is not alarming, but there is enough of it to be potentially problematic in clinical or forensic situations.’

“In other words, if you are prepared to see signs of abuse, you may see them even in behavior that, in other contexts or at other times, would be attributed to normal sexual curiosity.

“And this is precisely the issue: At a time when there was comparatively little data available on what constituted normal sexuality in children, this vacuum was filled by people with a very narrow view of the possibilities.”

– From “Against Innocence: The truth about child abuse and the truth about children” by Margaret Talbot in The New Republic (March 15, 1999)

Prosecution therapists in the Little Rascals case made extensive use of anatomically correct dolls. During Bob Kelly’s trial, therapist Janet Hadler of Chapel Hill showed a video clip of a 5-year-old girl pressing together the pelvises of a male and a female doll. “Children who are demonstrating explicit sexual contact,” Hadler testified confidently, “are doing that because they have some knowledge of adult sexual behavior.”

Aug. 5, 2016

“Perhaps the virtue of these true-crime stories isn’t how they affect specific cases (indeed, without new and objective evidence that calls into question criminal convictions, it’s important – for the sake of the rule of law – to let decisions stand).

“Instead, series such as ‘Serial’ could have a positive impact on how ordinary Americans – the people who sit on juries and elect local prosecutors and judges – view criminal trials.

“Maybe we’ll be more willing to hold those running for local offices accountable for presenting fair cases and working to eliminate bias against the poor or minorities.

“Maybe we’ll be more appropriately skeptical of cases built on witness testimony alone, or question whether investigators used intimidation or unfair interrogation to get inaccurate information from witnesses….”

– From “How the ‘Serial’ podcast is challenging the criminal justice system” by Robert Gebelhoff in the Washington Post, July 6 (via the Denver Post)