June 24, 2013

“(I) followed the Little Rascals case closely in the Norfolk and other papers…. Moved by (its) strangeness and patent senselessness, as well as by reports nationwide at the time of what came to be tagged ‘false memory syndrome,’ I wrote and later published a short story inspired by the spectacular miscarriage of justice…. The thrust of my story was popular hysteria and jaundiced, ambitious therapists together with a grievous breakdown of the judicial system….

“I believe that behind the recovered memory and child abuse therapeutic notions of that time, so destructive of the lives of the Edenton Seven and many others, lies Freud’s almost immeasurable popular impact on our now so heavily sexualized culture – though the easy lure of the witch hunt seems to have been all too contagious in Edenton’s fearful, credulous and manipulable parents as well.”

– Historian and writer John L. Romjue of Yorktown, Va., responding to “Remembering the shame of the Little Rascals Day Care case” at North Carolina Miscellany (Oct. 24, 2011)

Although “Witches of Devon,” the title story in Mr. Romjue’s 2002 collection, veers dramatically from the course of the Little Rascals case, it does indeed capture the essence: “It had started as a rumor – and not about molestation, not at first. There had been an ‘assault’ incident at Happy Children (day care). Joanne Jamison had spanked a little girl’s bottom and not suitably apologized to the mother….”

Aug. 5, 2013

The little-publicized North Carolina Justice Academy describes itself as “one of six divisions of the N.C. Department of Justice under the administration of Attorney General Roy Cooper… charged with improving the professionalism and effectiveness of criminal justice personnel throughout the state, through training and support.”

Among the academy’s services: an audiovisual library (downloadable here) designed “to provide criminal justice personnel in North Carolina with training and public information materials (including) over 2,573 videotapes, CDs and DVD programs….”

And quite a varied collection it is, ranging from the practical (“Body Searches: Clothed and Unclothed,” “Dusting for Latents”) to the uplifting (“Climb the Ladder of Success and Take your Family with You!”) to the wholly unexpected (Abbott and Costello’s “Who’s On First?”).

What caught my attention, however, were such titles and descriptions as these:

• “Devil Worship: The Rise of Satanism” (1989) Former satanists, practicing witches, and law enforcement experts explain the vastness and diversity of the movement. Parents are given clues to determine if their children are involved.
• “Treatment of the Ritually Abused Child” (1992) Sophisticated mind control techniques employed by cult members leave their young victims fearful, confused, and deeply traumatized. The special treatment needs of these children are examined in detail through both session segments and on-camera discussions with the therapists.
• “Satanic Cults and Ritual Crime” (1990) Reveals the symbols used by members of the occult world,  highlights criminal activities associated with ritual practices and ceremonies and gives important dates when these crimes are most likely to occur during the year.

Is it possible these documentaries informed the beliefs of the Little Rascals prosecutors? Could Assistant Attorney General Bill Hart have checked them out and hosted a ritual-abuse film festival for Nancy Lamb and H.P. Williams? Sounds crazy, sure – but not a bit crazier than the claims ginned up by the therapists and prosecutors.

Footnote: I had hoped to borrow these films myself – I was especially eager to watch those “on-camera discussions with the therapists” – but a library technician at the Justice Academy told me she was “only allowed to send materials to folks in law enforcement.”

June 21, 2016

“One of the earliest arguments for financial compensation for the wrongly incarcerated came in 1932, from the Yale law professor Edwin Borchard. In an influential book called ‘Convicting the Innocent: Sixty-five Actual Errors of Criminal Justice,’ Borchard wrote, ‘When it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity for the loss and damage suffered.’ He noted, ‘European countries have long recognized that such indemnity is a public obligation.’ But it would be many years before the United States began puzzling through what constituted an ‘appropriate indemnity.’ It wasn’t until the first DNA exoneration, in 1989, that most states began to seriously consider compensation.

“There is still no consensus about the value of lost time. Missouri gives exonerees $50 a day for time served, California twice that much. Massachusetts caps total compensation at $500,000. In Maine, the limit is $300,000; in Florida, it’s $2 million. The variation is largely arbitrary. ‘If there’s a logic to it, I haven’t seen it,’ Robert J. Norris, a researcher at SUNY Albany who has studied compensation statutes, told me…. Twenty states have no compensation statutes at all.”

– From “The Price of a Life: What’s the right way to compensate someone for decades of lost freedom?” by Ariel Levy in the New Yorker (April 13, 2015)

North Carolina exonerees are entitled to $50,000 for each year spent in prison, plus job training and college tuition, up to a maximum of $750,000. However, those statutes apply only to persons “granted a pardon of innocence by the Governor upon the grounds that the crime with which the person was charged either was not committed at all or was not committed by that person.”

As excruciatingly demonstrated in the case of Henry McCollum and Leon Brown, not every governor is in a hurry to enable that compensation.

June 24, 2016

“I was a juror on the Edenton Little Rascals sex abuse case, and I heard all the facts.

“During eight months of testimony I heard no evidence to prove that Bob Kelly was guilty of any charge. I did hear children, parents and grandparents say that they believe sex abuse took place at the day care. I heard children talk about bizarre things that were supposed to have happened at the day care and other places (often being reminded by the prosecution). I heard parents say they believe sex abuse took place at the day care.

“I also heard the same parents talk about their child’s normal behavior and how they noticed no abnormalities and that their children were fine and that they didn’t believe the allegations. I also heard how children asked parents why the day care closed and stated how they liked Mr. Bob and Mrs. Betsy.

“I feel it’s very important that readers know what was going on in Edenton at the time of the allegations. We know what was said in court 2 1/2 years later. Do you ever wonder what the evidence would have been if the case went to trial six months after allegations? Well, I don’t have to wonder. Other than the evidence lost or destroyed, I heard it all, and I’ll say this to the last day of my life, that the evidence that came through the courtroom did not prove that Bob Kelly committed any kind of sex abuse.

“To the grandmother who feels jurors made fools of themselves for appearing on ‘Frontline’ to try and tell the world the truth about the Little Rascals sex abuse case, then so be it.”

Roswell Streeter
Greenville

– From “Court evidence did not prove Kelly guilty,” letter to the editor of the Greenville (N.C.) Daily Reflector (Sept. 3, 1993)

Forty-five days earlier, Streeter and four other jurors had appeared on “Innocence Lost: The Verdict,” revealing to Ofra Bikel how they came to vote guilty.

From the “Frontline” web page: “Of the five jurors interviewed, only two were fully comfortable with the verdict they had issued. In both cases, it was the children’s testimony that had convinced them. The other three jurors were troubled and said they regretted their verdict and had serious doubts about Bob Kelly’s guilt. Two jurors, Mary Nichols and Marvin Shackelford, said that worries about their personal health (Shackelford had had two heart attacks, and Mary Nichols was very ill with leukemia) had driven them to vote guilty just to resolve the endless deliberations and go home. Roswell Streeter, who at 28 was the youngest member of the jury, said he felt intimidated and confused, and finally lost all sense of perspective.”

One of the two jurors who acknowledged no doubts about Kelly’s guilt was Dennis T. Ray, who wound up in court defending (not very persuasively) his own behavior.