Sept. 12, 2012

“Connie Tindall wanted to be pardoned before he died. But like Jerry Jacobs, Joe Wright and Ann Shepard before him, Tindall was buried Friday without knowing if the state of North Carolina will ever pardon members of the Wilmington 10.”

– From the Wilmington Star-News (Aug. 10, 2012)

Tindall died at age 62 – younger than Bob Kelly and Scott Privott. Will the Edenton Seven live long enough to see themselves exonerated?

July 31, 2013

“Have you ever stopped to consider what the statistical odds must be against the following allegations made by the prosecution? How could the following all be true?

“1. That seven child abusers would somehow all show up at the Little Rascals Day Care during the same time period.

“2. That out of these seven alleged abusers not one had any record of any sexual misbehavior in their past.

“3. That out of all seven of these alleged abusers not one was found to be in possession of any child pornography or other suggestive materials.

“4. That with multiple-hundreds of alleged abuses claimed to have taken place, not one single piece of ‘hard’ evidence was ever found. Nor was there a single adult witness to any behavior even suggestive of abuse.

“5. That out of all seven of these alleged abusers, not one would be willing to testify against the others in return for easier treatment.”

– From a Feb. 22, 1994, letter sent to prosecutors and the press by Jeffrey Keimer of Portola Valley, Calif.

These are questions that occurred to someone following the Little Rascals case from 3,000 miles away. Too bad they seem not to have occurred to so many prosecutors, therapists, parents, reporters and jurors. Up close, was the “ritual abuse” narrative simply too mesmerizing?

March 12, 2012

After reading thousands of pages of Little Rascals coverage, shouldn’t I have become inured to the prosecution’s gratuitous brutality?

Not yet.

On August 11, 1993, Dawn Wilson, serving a life sentence for child sexual abuse, went back to court to seek release under house arrest. In six days she would give birth to her second child.

Nancy Lamb and Bill Hart could’ve responded with any number of temperate legal arguments against her release. Instead….

“She made a quite irresponsible decision in 1992 to become pregnant early in her trial,” Lamb said. “She was thinking only of herself….”

“Dawn Wilson… simply has no character…,” added Hart. “Is she the kind of mother figure who ought to be bonding with a second out-of-wedlock child?”

Judge Marsh McLelland granted Wilson’s request, but delays in paperwork and payment of a $250,000 bond kept mother and son in women’s prison another month.

In 1995 the N.C. Court of Appeals overturned her conviction. And then of course the prosecutors rushed to apologize to Dawn Wilson for their disgraceful vilification.

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.