May 17, 2018

In recent years the Little Rascals Day Care case, probably the most significant event in Edenton in the 20th century, seems to have been a taboo subject in the local Chowan Herald and in the Daily Advance of Elizabeth City. I’m grateful that the Herald has published my letter to the editor in this week’s edition:

“In the 1990s the town of Edenton was torn apart by the Little Rascals Day Care case, in which seven local people were accused of ‘satanic ritual abuse’ of dozens of children. The case attracted reporters from the New York Times and Washington Post and received eight hours of documentary coverage on PBS’s “Frontline” series. Co-owner Bob Kelly’s trial was the longest and costliest in North Carolina history. After Kelly served six years in prison and cook Dawn Wilson three, their convictions were overturned.

“The Duke University Law School Library recently opened to researchers an exhibit and archive on the Little Rascals case, including the transcript of Bob Kelly’s trial and numerous other documents. ‘The case is one example of the preoccupation with perceived abuse taking place at daycares and preschools in the 1980s and 1990s,’ Duke wrote in its announcement. ‘Often, these cases also involved allegations of Satanism or devil worship. Like the Little Rascals case, most of these daycare abuse accusations turned out to be false.

“Today no reputable psychologist, social scientist or legal expert will argue otherwise. From Wikipedia to the National Registry of Exonerations, the defendants in cases such as Little Rascals are recognized as innocent victims of a bizarre ‘moral panic’ that bore striking similarities to the Salem witch hunts 300 years earlier.

“During the years-long prosecution of the Edenton Seven, townspeople were divided family vs. family, friends vs. friends. Today the former Little Rascals Day Care Center is being converted into housing – is that what would happen if townspeople believed it was the site of mass molestation of their children? So where now does Edenton stand?”

March 14, 2012

“Prosecutor Nancy Lamb practiced a little ‘voodoo’ psychology by telling the jury that when Dawn Wilson held and played with her child during breaks in the trial, it wasn’t because she loved the child – it was all a show for the benefit of the jury.

“No psychologist could have accurately reported on the state of mind or the motives of Wilson when she played with her child. However, had a psychologist known that Wilson had been offered a plea bargain which included no jail time if she pointed the finger at the others, and had told prosecutors to ‘Find yourselves another patsy,’ that psychologist might have known something about Nancy Lamb’s state of mind when she made those statements.”

– From “Due Process Is Good Psychology,” article in
Michigan Lawyer Weekly by Michael G. Brock

Defending this smear, one of many, Lamb said Wilson was presenting herself as a good mother, and “We had to remove that mask.”

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.

Sept. 1, 2014

The recent deaths of Little Rascals figures Patricia Kephart Hart (obituary cached here) and C. Harvey Williams remind me that the clock is ticking on the defendants as well. (Patricia Kephart, mother of one of the potential child-witnesses, dated and later married Assistant Attorney General Bill Hart; Williams was Edenton police chief.)

Others who have since died include Kirk Osborn, appellate lawyer for Dawn Wilson, and Bradford Tillery, the judge originally assigned to the case.

Let’s hope that none of the Edenton Seven, still awaiting exoneration from the state, shares the fate of Connie Tindall of the Wilmington 10.

Sept. 3, 2012

Since its creation by the General Assembly in 2006, the North Carolina Innocence Inquiry Commission has considered more than 1,100 innocence claims, three of which resulted in exonerations.  This is from a letter I wrote the Innocence Inquiry Commission requesting that it take up the case of the Edenton Seven:

“I am fully aware that my request falls outside the letter of your mandate. It is of such importance, however, that I believe consideration by the Commission would be both just and appropriate.”

And this is from the response I received from Kendra Montgomery-Blinn, executive director:

“By law the Commission is only permitted to consider claims arising from current convictions. We cannot consider cases in which the conviction was vacated, even if the claimants were not fully exonerated.

“I am familiar with the (Little Rascals) case as I studied it both in college and in law school. In fact, I cited the case in the brief for a 2007 Commission hearing….

“I am sorry that the Commission cannot be of further assistance. The only other option I am aware of is a Gubernatorial pardon. The surviving defendants from the Wilmington 10 case have recently applied for pardons.

“Thank you for contacting the Commission and for continuing to bring attention to this important case and the subject of wrongful convictions. I am proud that North Carolina is first in the nation to have a state-run innocence commission.”

Another door to exoneration is closed, however sympathetically. Others remain.

Footnote: The hearing Ms. Montgomery-Blinn mentions grew out of a 2001 case in Pitt County. Henry Reeves had been convicted of taking indecent liberties with his 6-year-old daughter, Marquita. This passage in the Innocence Commission’s investigative statement caught my eye:

“Barbara Hardy (the child’s mother and the defendant’s wife) stated that when Marquita came out of her sessions with Dr. (Betty) Robertson, Marquita would have gum or little presents, and Marquita would state ‘Look what she gave me for getting the questions right.’

“Mrs. Hardy said that she tried to tell Dr. Robertson that Marquita was a people pleaser  and may say things just to be rewarded, but Dr. Robertson said, ‘I believe it happened, and it’s going to court.’

“It is important to note that Dr. Robertson…. provided therapy and evaluations to 23 of the children in (the Little Rascals) case….”

Still rewarding possibly-abused children for “getting the questions right”?  Did Betty Robertson learn nothing from the 23 false positives she reported in Edenton?