Aug. 8, 2012

Five reasons the Little Rascals Day Care case has never attracted the attention it deserves:

■ Overshadowed by McMartin case.

■ No racial angle.

■ Remote location.

■ No death penalty.

■ No DNA.

One reason the case has attracted as much attention as it has:

■ “Innocence Lost” on “Frontline.” Thanks again, Ofra Bikel.

Dec. 24, 2012

“Why prosecutors sometimes fight post-conviction evidence so adamantly depends on each case. Some legitimately believe the new evidence is not exonerating.

“But legal scholars looking at the issue suggest that prosecutors’ concerns about their political future and a culture that values winning over justice also come into play. ‘They are attached to their convictions,’ (says Brandon Garrett, a law professor at the University of Virginia), ‘and they don’t want to see their work called into question.’ ”

– From “The Prosecution’s Case Against DNA” in the New York Times Sunday Magazine (Nov. 25, 2011)

“Attached to their convictions,” indeed. Nancy Lamb was so attached that in 1996, after Bob Kelly’s 99-count conviction was overturned, she rummaged around the office and turned up yet another molestation claim – this one from two years before the Little Rascals arrests.

Gerald Beaver, Kelly’s attorney, pointed out that the law requires any report of sexual abuse to be investigated immediately and called police investigator Brenda Toppin, who testified that she had told Lamb about the claim in 1992. Lamb denied any recollection of Toppin’s comment.

“All of this ‘We care about the children’ kind of went down the drain after the conviction,” Beaver said. “It was only when (Kelly) successfully appealed and was no longer pulling 12 consecutive life sentences that the state felt compelled to go out and find this witness.”

As usual, however, time proved no object for prosecutors dedicated to making life miserable for Little Rascals defendants. It would be 1999 before they dropped the final charge against Bob Kelly.

Aug. 9, 2013

“(One) area of uncertainty is the extent to which sexual knowledge is learned by young children through exposure to either explicit or sexually suggestive materials on television, video and movies. Studies indicate that children watch from 14 to 23 hours of television a week with the highest level among preschoolers. About a third of them do so without parental involvement in what they watch.”

– From “Evidence Issues and ‘Lessons’ from State v. Kelly: Litigation of Allegations of Child Sexual Abuse” by Jeffrey L. Miller and W. Michael Spivey, presented at the 6th annual North Carolina Criminal Evidence Seminar, UNC School of Law (April 16, 1993)

Among the “suggestive materials” that aired during the early days of the Little Rascals allegations: “Do You Know the Muffin Man?”

June 3, 2017

How did prosecutors let go ‘16 psychotic, baby-killing pedophiles’?

“An early indicator of the bizarre and fickle nature of the [Little Rascals] prosecution was that in all, 23 Edenton residents were named by the children (via counseling) as having engaged in essentially the same abominable acts as those indicted.

“Yet the county DA’s office arbitrarily pared the case to seven, leaving, one assumes, 16 psychotic, baby-killing pedophiles to walk freely on the streets of their small city….”

– From “A ‘Frontline’ documentary on child abuse hysteria shows how good TV can be” by Brian Lambert in the Saint Paul Pioneer Press (May 27, 1997)

Among the lucky 16: the mayor and sheriff.