Jan. 20, 2014

“Eighteen months ago I petitioned Attorney General Roy Cooper to issue a statement of innocence for the Edenton Seven.

“ ‘In 2001 Massachusetts Governor Jane Swift signed a resolution proclaiming the innocence of the victims of the Salem Witch Trials. In time, such victims of the ritual-abuse day-care panic as the Edenton Seven will surely receive similar exoneration. Why not now? Why not in North Carolina? This is an opportunity to demonstrate moral leadership on a national scale.’ ”

“Cooper has yet to respond.”

– From “Like Salem’s ‘witches,’ it’s time for NC to exonerate the Edenton Seven,”
my Jan. 19 op-ed column in the News & Observer (cached here) on the 25th anniversary of the first Little Rascals sexual abuse complaint.

July 5, 2013

“RALEIGH – During a hearing at the state Court of Appeals, Chief Judge Gerald Arnold repeatedly asked a state prosecutor about the fairness of testimony by (Bob) Kelly’s former attorney in Edenton. Arnold said the attorney had, in effect, testified that he believed in Kelly’s innocence until he learned his child had been abused.

“ ‘How can you argue that it was not extremely prejudicial?’ the judge asked.

“Associate Attorney General Ellen Scouten argued that Chris Bean did not divulge confidential information and did not violate an attorney-client relationship with Kelly. She said Bean testified as a parent and a crime victim.

“Arnold said Bean, now a district court judge, had gone beyond describing what he had seen and witnessed as a parent.

“ ‘This boils down to the most fundamental questions of fairness,’ Arnold said. ‘When you have an attorney testifying that “I was Mr. Kelly’s attorney and I believed in him very strongly until I learned the truth, that is to say that he’s guilty, and then I was shattered.” How can there be more prejudicial, stronger evidence put before a jury than to have a former attorney, the defendant’s attorney say that?’

“Scouten said that because the defense had contended that accusers in Edenton were hysterical people on a witch hunt it was fair to allow the state to show the type of people involved.

“ ‘Mr. Bean and his wife were reputable, respected thoughtful, educated people – not the type of people that would be swept up by community hysteria,’ she said.”

– From “Appeal of 2 defendants in Little Rascals case draws a crowd” in the News & Observer (Jan. 10, 1995)

Given this line of questioning, it came as no great surprise when four months later the Court of Appeals overturned the convictions of both Kelly and Dawn Wilson.

Bean’s unfettered opinionating was only one of three major defects cited by the court, the others being the withholding of exculpatory evidence by prosecutors and the testimony of parents as expert witnesses.

The prosecution got off light – the brief filed by appellate defender Mark Montgomery claimed no fewer than 222 potentially reversible errors.

Jan. 17, 2015

Q: Do you have a better understanding of why people act the way they do in certain situations?

A:   ….Whenever the safety of children is perceived to be in question, we run the risk of responding with emotion rather than reason. Certainly in Salem (where three of her ancestors were accused witches) that was the case. And look at the so-called “satanic ritual abuse” pre-school phenomenon in the early 1980s, which is now seen to have been a tremendous miscarriage of justice. Calls for moderation are dismissed with the assertion that the children have to come first — which, of course, they should.

“But it’s also tempting to read these experiences as expressive of a deeper anxiety about childrearing in an uncertain world, with no guarantees of a good outcome. I feel that it comes from a sense of powerlessness that can’t be expressed elsewhere….”

– From an interview with Katherine Howe, author of “Conversion,” a novel based on a mysterious 2012 outbreak of tics and seizures among teenage girls in upstate New York, in the Daily News of Batavia, New York (Aug. 23, 2014)

Aug. 23, 2013

“Developing a mental tuning fork for the credibility of a claim, gaining an instinct for when to trust and when to doubt a source – these are two critical components of becoming a confident and effective researcher.”

– From “The Devil in the Details: Media Representation of ‘Ritual Abuse’ and Evaluation of Sources” by Barbara Fister in Studies in Media & Information Literacy Education (May 2003

Although Fister’s observation addresses the challenge of fact-finding on the Internet, it applies just as well to the interviewing of child witnesses. The poorly prepared Little Rascals prosecution therapists – and social services investigators – surely had an overabundance of confidence in their “mental tuning forks” and their “instinct for when to trust and when to doubt.” By contrast, social scientists such as Ceci and Bruck proceed with caution, not credulity.