Rascals case in brief

In the beginning, in 1989, more than 90 children at the Little Rascals Day Care Center in Edenton, North Carolina, accused a total of 20 adults with 429 instances of sexual abuse over a three-year period. It may have all begun with one parent’s complaint about punishment given her child.

Among the alleged perpetrators: the sheriff and mayor. But prosecutors would charge only Robin Byrum, Darlene Harris, Elizabeth “Betsy” Kelly, Robert “Bob” Kelly, Willard Scott Privott, Shelley Stone and Dawn Wilson – the Edenton 7.

Along with sodomy and beatings, allegations included a baby killed with a handgun, a child being hung upside down from a tree and being set on fire and countless other fantastic incidents involving spaceships, hot air balloons, pirate ships and trained sharks.

By the time prosecutors dropped the last charges in 1997, Little Rascals had become North Carolina’s longest and most costly criminal trial. Prosecutors kept defendants jailed in hopes at least one would turn against their supposed co-conspirators. Remarkably, none did. Another shameful record: Five defendants had to wait longer to face their accusers in court than anyone else in North Carolina history.

Between 1991 and 1997, Ofra Bikel produced three extraordinary episodes on the Little Rascals case for the PBS series “Frontline.” Although “Innocence Lost” did not deter prosecutors, it exposed their tactics and fostered nationwide skepticism and dismay.

With each passing year, the absurdity of the Little Rascals charges has become more obvious. But no admission of error has ever come from prosecutors, police, interviewers or parents. This site is devoted to the issues raised by this case.

 

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Little Rascals Day Care Case

Little Rascals Day Care Case

This Facebook page is an offshoot of littlerascalsdaycarecase.org, which addresses the wrongful prosecution of the Edenton Seven and other such victims.

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Today’s random selection from the Little Rascals Day Care archives….


 

How hard it was to say, ‘Boy, was I wrong’

111019Tavris2Aug. 10, 2012

Carol Tavris:

“After the McMartin trial in 1986, I wrote an article for the Los Angeles Times about research that had been done on how to interview children in sex abuse cases. Evidence at the time suggested that sometimes you have to ask children leading questions or they will not tell you they have been molested.

“For example, if you interviewed a child after a genital examination and you asked her just to tell what the doctor did, almost no child would volunteer that the doctor touched her genitals. But if you asked a leading question, such as, ‘The doctor touched your private parts, didn’t he?’ the children would say ‘yes.’ The L.A. Times headlined this article, ‘Do Children Lie? Not About This.’

“Of course that was preposterous. Of course children lie ‘about this’ and lots of other things. But my essay, although based on research at the time, helped support the child advocates who were on a rampage against child molesters, and who were running around saying ‘children never lie’ and selling bumper stickers that said ‘Believe the Children.’’ I didn’t foresee that prosecutors and therapists would use these same studies to coerce the hell out of kids.

“When I think of my own embarrassment about that little article, and how hard it was to say, ‘Boy, was I wrong about that research,’ I realize how difficult it must be for all those ‘believe the children’ people to acknowledge they were wrong, too. In fact, most of them haven’t. They are more entrenched than ever in their pernicious beliefs.”

– From “The Measure of a Woman: An Interview with Social Scientist Carol Tavris
in 
Skeptic magazine (Feb. 9, 2011)

New York Times remembers McMartin case

140312HabermanMarch 12, 2014

“Really now, teachers chopped up animals, clubbed a horse to death with a baseball bat, sacrificed a baby in a church and made children drink the blood, dressed up as witches and flew in the air – and all this had been going on unnoticed for a good long while until a disturbed mother spoke up?”

– From “The Trial That Unleashed Hysteria Over Child Abuse” by Clyde Haberman in the New York Times (March 9, 2014)

Big thanks to Retro Report for its eye-reopening essay and 13-minute video recalling the seminal McMartin Preschool case. Also mentioned are Little Rascals and other “criminal cases of dubious provenance” from the moral panic.

Although the road to public exoneration for the Edenton Seven remains long and uncertain, this attention from the Times is welcome indeed.

Professor yet to decide about McMartin case

130628MyersJune 28, 2013

“Children can lie, but research shows that they do not fabricate detailed descriptions of adult sexual acts unless they have experienced or witnessed them. Studies also show that children have good memories and that even preschoolers can remember key events like sexual abuse. One problem is that repeatedly molested children have great difficulty distinguishing one act of abuse from another and linking abuse to specific dates….

“In the McMartin case, we learned… to minimize the use of leading questions during interviews…. While the verdict comes as a disappointment to the children in the case, their courage and willingness to testify for weeks on end has been a catalyst for change that will protect countless other children.”

– From Believe the Children adviser Civia Tamarkin’s interview with John E. B. Myers, professor at McGeorge School of Law, University of the Pacific, in “The McMartin Nightmare” (People magazine, Feb. 5, 1990)

As his faculty bio notes, Professor Myers has long been “one of the country’s foremost authorities on child abuse,” especially in tracing its historical context, but he seems to have been excruciatingly slow to recognize the fraudulence of  “satanic ritual abuse” claims. Although he stopped short of declaring the McMartins guilty, Myers clearly stationed himself in the “child saver” camp, more sympathetic toward serial interviewer Kee MacFarlane than toward the defendants whose lives she devastated.

In a journal article five years later, Myers would acknowledge “growing skepticism regarding children’s credibility,” at the same time warning of a “real danger that the pendulum will swing too far in the direction of disbelief.”

More recently, Myers addressed McMartin in “Child Protection in America: Past, Present, and Future” (2006), crediting it with raising the standard for interviewing, but concluding that “In the final analysis, we will never know what happened at the McMartin Preschool. From the outset, the case divided people into ‘true believers’ and skeptics….”

In “The Backlash: Child Protection Under Fire” (1994) Myers had added a most curious footnote: “I have no opinion regarding the guilt or innocence of any of the McMartin defendants.” How could he – a law professor! – acknowledge the corruption of the child-witnesses’ testimony, yet doubt the defendants deserved a “not guilty” verdict?

Almost 20 years later, I wondered whether Myers might have formed an opinion.

His emailed response: “No idea about guilt or innocence.”

Therapists ‘overzealous… inadequately trained… unethical’

120217ShopperFeb. 17, 2012

“The named children were sent to predominantly four therapists (Betty Robertson, Judy Abbott, Susan Childers and Michele Zimmerman).

“The therapists were not only overzealous and inadequately trained, but also proceeded in an unethical fashion with the children. Reporting frequently to the district attorney’s office, they provided more names of children and adults and more specific allegations of abuse. These were not spontaneous names and allegations, but data specifically and persistently introduced by the therapists. The personal and familial issues that the children brought into the so-called therapy were ignored….

“From my review of the therapists’ notes of the 17 children who testified, it was clear the therapists were not treating these children psychotherapeutically, but were agents of the prosecution in preparing children to testify falsely with credibility…..

“Significantly, those parents who took their children to therapists in other communities or avoided these four therapists had no allegations of sexual abuse and their children were symptom-free. In contrast, the children who provided stories of sexual abuse became increasingly symptomatic over time, and their behavior became more disturbed.”

– From “What I learned from the Edenton Little Rascals sex abuse trial” by
Moisy Shopper, M.D. (in the peer-reviewed journal Psychoanalytic Inquiry, 2009)

Dr. Shopper testified as an expert witness for the defense.