Oct. 11, 2011

In 1989 Bob Kelly was charged with 100 counts of child molestation.

In 1992 he was convicted and sentenced to 12 consecutive life sentences.

In 1995 his conviction was overturned and he was released from Central Prison.

“It was the best six years of my life,” he says of his time behind bars, “because it set me up for the rest of my life.”

When he walked out, Kelly was a man who had determined “never to feel ashamed, because I had nothing to be ashamed of.”

Today, remarried and retired at 63, he lives in a tidy suburban house just outside Sanford.

Perhaps the anger he still feels toward those who conspired to imprison him has been compartmentalized.

His attention goes to gardening (“500 pounds of tomatoes this year”), writing and visiting inmates, carving walking sticks out of old Christmas tree trunks, playing Sudoku, hitting golf balls and reading only those Westerns in which “the good guy always wins in the end.”

And he still cooks and cans the spaghetti sauce he once served every Friday at the Little Rascals Day Care Center.

“Freedom don’t ever get old,” he says.

Aug. 4, 2015

“Some have drawn parallels between the Salem witch trials of 1692 and the false accusations of sexual abuse that sweptc America in the 1980s. The difference is this:

“Those falsely accused in Salem got public apologies from their accusers and reparations. No such luck for the dozens of day-care workers and others who were falsely accused and imprisoned in modern-day America.

“We should be ashamed.”

– From “How the daycare child abuse hysteria of the 1980s became a witch hunt,” a review of “We Believe the Children,” by Maura Casey in the Washington Post (July 31)

I’ll have more soon on Richard Beck’s important new addition to the “satanic ritual abuse” bookshelf.

July 20, 2012

… Little Rascals parents were caught up in a frenzy of panic and misinformation.

… Ill-prepared therapists served prosecutors, not their patients.

… In their zeal for convictions, prosecutors behaved cruelly and unethically.

… 20th century North Carolina never saw a more sweeping injustice.

… Bob and Betsy Kelly, Dawn Wilson, Shelley Stone, Robin Byrum, Darlene Harris and Scott Privott deserve full and unequivocal exoneration.

July 11, 2014

“….  As you might imagine, I had not had reason to think about the Little Rascals case until your email arrived.  Yes, I was very interested in the case at the time, but had no role or authority to intervene. (See governor’s 1991 response to letter writers.) The arrests and charges were highly publicized, as were the proceedings of the trial, upon which the two accused were convicted.  So, like most citizens, I felt a compulsion to follow the case, at least insofar as the news coverage.

“My recollection is that both the horrible accusations and the contrary indications of coached and imaginative testimony of the children were featured in the coverage….   Being very familiar with Arthur Miller’s brilliant drama, ‘The Crucible,’ I was aware of the possibility of childish fantasy passing as falsely condemning testimony.  From a distance, most readers probably shared the concern, ‘What if it were true?’

“I do not recall whether the defense attorneys contacted my office in an appeal for clemency in 1991-1992.  Had they done so, they would have been advised that my practice was to let the appellate courts complete their judicial review before considering clemency.  This was complete in 1995 when the NC Supreme Court declined to review the finding by the Court of Appeals of trial error, at which time there would be no cause for Governor Hunt to intervene.  I have great respect for the judgment and integrity of then Chief Justice Burleigh Mitchell, and that would settle the legal principles of the matter for me.

“I can only wonder what conclusion I might have reached had the appeal for clemency been properly before me.  My approach in such cases was to meet separately with advocates on both sides, without restricting the nature or style of what they had to say.  I would make my decision based on corroborated evidence and the trial record, without following its standards for disqualifying some evidence.  I gave attention to two main standards: (a) whether the punishment was suited to the nature of the crime, and (b) whether there was doubt as to the guilt of the person convicted….

“I believe your cause is to persuade the Governor to issue a Pardon of Innocence for Bob Kelly and Dawn Wilson.  It may be difficult to produce exculpatory evidence several decades after the events.  You did not say whether Mr. Kelly and/or Ms. Wilson wish to return to that gauntlet, considering the degree to which they have restored their lives.  If they do, it would my hope that Governor McCrory and his counsel would weigh the two guidelines cited above, although no Governor is bound in clemency matters by any precedent of his predecessors.  While it can be difficult to prove a negative, it would help your cause if there were former accusers now in their thirties who have recanted the accusations of their childhood.  Otherwise, the appellate finding of procedural error alone might not be sufficient.”

– From a letter from former Gov. Jim Martin responding to my question about his recollections of the Little Rascals Day Care case

As welcome as a gubernatorial pardon would be, my hopes for the Edenton Seven are more modest:  a “statement of innocence” from the governor or attorney general similar to that given the defendants in the Duke lacrosse case.

If only the Little Rascals prosecutors had been as familiar with “The Crucible” as was the governor….