Feb. 1, 2012

The HBO documentary “Paradise Lost 3: Purgatory”  surely deserves its Oscar nomination, although the only edge it holds over Ofra Bikel’s “Innocence Lost” trilogy of the ’90s is its happy-tears finale: the three defendants walking out of prison.

After much lawyering, the West Memphis Three in August accepted an Alford plea that allowed them to go free,  while protecting the state of Arkansas from a wrongful-imprisonment  suit and the national embarrassment of a retrial.

I had to laugh at this exchange from the ensuing press conference:

Reporter: “Will the state continue to investigate this case if additional information is brought forth, or is the case closed?”

Prosecutor Scott Ellington: “I have no reason to believe there was anyone else involved in the homicides of these three children but the three defendants who pled guilty today.”

Defense attorney Dennis Riordon: “Does anyone believe that if the state had even the slightest continuing conviction they were guilty that it would have let these men go free today?”

If H.P. Williams Jr., Nancy Lamb and Bill Hart were watching – unlikely, given the spotlight shone on unjust prosecution – no doubt they would have admired Ellington’s resolve in the face of reality.

Sept. 18, 2013

“Joseph B. Cheshire V, Betsy Kelly’s attorney, says the believers in town remain so hostile to the heretics who profess any disbelief over the charges that he no longer feels comfortable vacationing at nearby Nags Head. ‘Good,’ says one prominent Little Rascals father. ‘I almost killed myself last summer running that extra distance past his house, just so he’d know that I knew he was there.’ ”

– From “The Demons of Edenton” by Lisa Scheer and Edward Cone in Elle magazine (November 1993) Download article here

“During (the Little Rascals case), Cheshire was the victim of assaults and for a time wore a bullet-proof vest.”

– From “Nationally known criminal defense attorney Joe Cheshire (’73) talks about his colorful career” by John Trump at Wake Forest University School of Law (April 5, 2010)

June 18, 2018

“Ted Cross, a senior research specialist at the University of Illinois School of Social Work, [said] separation of the two interventions – forensic and therapeutic – is critical for the child, but is also important for practical reasons: ‘You don’t want the therapeutic work to taint a criminal investigation. If a child is in therapy at the same time that the forensic interview takes place, the attorney representing the offender can say the therapist planted the idea of abuse in the child’s head.’.

“This point is of particular importance in the wake of high-profile cases such as the McMartin Preschool trial during the 1980s, in which therapists’ interviewing techniques were so suggestive that the children falsely accused their teachers of abuse….”

– From “How to Build a Space to Support Abused Children” by Mimi Kirk at Atlantic Cities (March 29)

Did the Little Rascals therapists offer children any therapy at all? What do you think?

March 7, 2013

Anthony Oberschall’s “Why False Beliefs Prevail: the Little Rascals Child Sex Abuse Prosecutions” appeared in “Essays in Honor of Raymond Boudon” (2000).

Most saliently, the UNC sociologist argues that “hysteria” and “moral panic” are inadequate to describe what happened in Edenton. Rather, he sees the town – and the Little Rascals defendants – as victims of the purveyors of “pseudoscience”:

“When child sexual abuse became a national issue, the medical profession, academic psychology and social science were just starting to study it scientifically…. The legal profession lacked experience with trial testimony of pre-schoolers and admission of hearsay testimony by parents and therapists….Meanwhile thousands of child sex abuse allegations had to be dealt with.

“In the absence of proven knowledge, a child sex abuse industry of self-appointed ‘experts’ based on pseudo-science filled the demand for training and informing child protection service workers, social workers, police investigators, prosecutors, therapists and others…. They were convinced they were saving America’s children, even though their methods and knowledge were contrary to science and to common sense. In Edenton, the prosecution and the investigators relentlessly labored to supplant common sense with false beliefs based on pseudo-science, (and) they succeeded….”

Working with UNC journalism student David Loomis on his master’s thesis detailing news coverage of the case, Oberschall “tried to survey Edenton households by mail (picked names at random from a phone book), but got less than a 10 percent return rate. It was obvious people there didn’t want anything to do with an outsider, a scholar.”

Rebuffed, Oberschall drove to Edenton himself and conducted perhaps a dozen interviews, which he made use of both in “Why False Beliefs Prevail” and in this more detailed draft working paper from 2010.