Nov. 7, 2012

“Mass hysteria always makes perfect sense when we are trapped in it. It can take decades – or even longer – before the crazed irrationality of a particular episode shows itself for what it was.”

– From “When Mass Hysteria Convicted 5 Teenagers” in The New York Times (October 27)

Thanks to a new documentary by Ken Burns, the Central Park Five – all convicted of a widely publicized 1989 rape and beating – will soon return to the spotlight. According to the Times,
Burns depicts “the forces that led citizens, politicians, the media and the criminal justice system to brush past yawning gaps in the evidence in the case.”

Beyond a shared year on the timeline of wrongful prosecutions, these urban teenagers, black and Hispanic, seem to have borne few similarities to the Edenton Seven. But I could never read  the  words “yawning gaps in evidence” without thinking of a Little Rascals prosecution built almost entirely on the resolutely manipulated, deceitfully paraphrased testimony of children.

April 6, 2012

“Parent-experts made a specific kind of sense of their children’s behaviors and emotions by retrospectively interpreting them as sequelae of day care ritual abuse rather than as reactions to familial stress, the vicissitudes of growing up or, for that matter, the stress of the investigation and the interrogations. ….

“Parent-experts testified that they never had reason to worry about their children’s behavior until they disclosed ritual abuse. Then, to the parent-experts, the tantrums, fears and sleep disturbances that once had looked like nothing more than normal growing pains were retrospectively interpreted….”

– From “The Day Care Ritual Abuse Moral Panic”  by Mary De Young (2004)

Judge Marsh McLelland’s allowing parents to testify as experts about their children’s behavior was one of the key defects pointed out by the N.C. Court of Appeals in overturning the convictions of Bob Kelly and Dawn Wilson.

Three years ago a former Edenton resident told me: “The town leaders still have some things to answer for about Little Rascals, and I suspect that until there is a process of reconciliation, the town will remain a troubled place, though it does a good job putting on a facade.”

Edenton will elect its town officials Nov. 5. The predominant issues – population decline and the lack of a second supermarket – are clearly important, but I want to add another. This is from a query I sent all the candidates:

I don’t live in Edenton, but I’m reaching out to candidates for mayor and town council about a local issue of historic importance.

The Little Rascals Day Care case was Edenton’s most significant event of the 20th Century. The trial of Robert Kelly remains the longest and most expensive in North Carolina history. He served six years in prison before the North Carolina Court of Appeals overturned his conviction and that of Dawn Wilson. The lives of Kelly, Wilson and the five other defendants were profoundly harmed over allegations of “satanic ritual abuse” of children in their care.

The Little Rascals case, most prominently covered by eight hours of documentary coverage on PBS’s “Frontline,” also did nationwide damage to the town’s reputation. But Edenton has never reexamined, much less made amends for, the wrongful prosecution of the Edenton Seven. One way to move forward would be to create a Truth and Reconciliation Commission.

Fact-finding, non-judicial truth commissions first appeared in the 1970s and have since been used to foster honest discussion and to encourage reconciliation in the aftermath of community conflict.

In North Carolina the Greensboro Truth and Reconciliation Commission was an independent, seven-member body that sought to heal a city left divided and weakened by the “Greensboro Massacre” of 1979. The parallel to Edenton is inexact but undeniable.

If elected, would you consider supporting a Truth and Reconciliation Commission to address Edenton’s continuing divide over the Little Rascals Day Care case? Thank you for your time and attention. And good luck in your campaign.

The two candidates who have responded so far seem at least cautiously open to the idea. One day the Town of Edenton will surely find the courage to embark on its long-avoided “process of reconciliation” – let’s hope the Edenton Seven are around to see it.’

Sept. 24, 2012

The February 2012 special issue of the Journal of Child Sexual Abuse is devoted entirely to “Contested Issues in the Evaluation of Child Sexual Abuse Allegations.”

Ritual-abuse holdouts Kathleen Coulborn Faller and Mark D. Everson use the issue to vigorously push back against calls for greater diagnostic skepticism.

The object of their displeasure is “The Evaluation of Child Sexual Abuse Allegations: A Comprehensive Guide to Assessment and Testimony” (2009), edited by the late Kathryn Kuehnle and Mary Connell. Contributors to the Kuehnle-Connell volume advocate more reliance on forensic science and less on “unverified methods or conjecture” of the kind that enabled prosecution of the Edenton Seven. By contrast, Everson and Faller can be counted on to stretch the bounds of prosecution-worthy evidence, from finding “clinical usefulness” in anatomical dolls to granting universal credibility to child-witnesses.

From Everson’s response in the journal:

“Many critics of current forensic practice (emphasize) specificity over sensitivity…. Specificity (minimizing inclusion of false cases) and sensitivity (maximizing inclusion of true cases) are counterbalancing indices of decision accuracy. Favoring specificity over sensitivity means that overdiagnosing (child sexual abuse) is considered a more serious concern than failing to substantiate true cases of abuse….”

Yes, I’ll admit it: I consider the perils of overdiagnosis – putting innocent people in prison – much worse than those of underdiagnosis – letting a possible abuser go free, at least temporarily. However much Everson and Faller might wish otherwise, our system of justice does stipulate “reasonable doubt.”