Jan. 12, 2018

“[Bob Kelly’s] defense contended that the children’s allegations were just the responses of suggestible youngsters eager to please the interrogators who were urging them to disclose abuse. [Interviewed in “Innocence Lost: The Verdict”,] one mother whose child did not disclose abuse is seen heaping scorn on the police and social services interrogation of her child:

” ‘They constantly asked him the same thing over and over again, and they would rephrase it…. They talked to him, it had to be an hour and a half or so before we interrupted and they wanted to continue talking to him. I would guess the same questions were asked five or six times.’

“This mother’s recollection is one of the few clues to the police methods in this case. Police and prosecutors declined to cooperate with ‘Frontline.’ All of the investigative notes and tapes were destroyed, and the only source material available at trial was after-the-fact summaries….”

– From “Justice Abuse? ‘Frontline’ Documentary Takes Hard Look At A Small-town Scandal” by Bart Mills in the Chicago Tribune (July 20, 1993)

July 11, 2016

“This week Harvard Law School’s Fair Punishment Project issued a report detailing the legacies of five of the nation’s deadliest prosecutors, and (Joe Freeman) Britt was among them. The report highlights what it calls ‘personality-driven capital sentencing,’ which leads overzealous prosecutors with a flair for courtroom theatrics and a desire for personal fame to pursue death sentences at disproportionate rates….

“This personality-driven system means that a death sentence often says less about the severity of the defendant’s crime, than it does about the prosecutor’s enthusiasm and courtroom skills. Personality-driven prosecutions can also lead to wrongful convictions, when prosecutors making winning cases a higher priority than seeking justice….

“Britt often cut corners to win. Appellate courts found that Britt committed misconduct in 14 of his capital cases, the new report shows. His offenses included hiding evidence that might have proven defendants innocent and making inflammatory and improper statements to jurors….

“When they were exonerated by incontrovertible DNA evidence, Britt did not even have the heart to admit his mistake. Instead, he continued to loudly proclaim their guilt….”

– From “NC ‘deadliest prosecutor’ valued winning over justice, new report shows” by Kristin Collins at NC Coalition for Alternatives to the Death Penalty (June 30)

I shudder to speculate what might have happened in Edenton had North Carolina sanctioned capital punishment for child sex abuse. The Little Rascals prosecutors, most strikingly Nancy Lamb,  bore many of the “personality-driven” characteristics seen in a Joe Freeman Britt:

• “A flair for courtroom theatrics and a desire for personal fame”? Check.
• “Hiding evidence that might have proven defendants innocent”? Check.
• “Inflammatory and improper statements to jurors”? Check.
• “Continued to loudly proclaim their guilt”? Check…..

Aug. 31, 2012

“Children don’t just come running out of their houses screaming, ‘I’ve been molested!’”

– Assistant attorney general Bill Hart, justifying to the Associated Press (Dec. 31, 1989) why the prosecution’s serial allegations were taking so many months to come to light.

In a case typified by overstatement, Hart’s excuse for delay proved to be a most revealing understatement. Those children resisted mightily and at length before being manipulated into “screaming, ‘I’ve been molested!’”

July 5, 2014

“The Burlington judge who has presided over the the Little Rascals Day Care Center case since 1990 resigned in disgust the day after the state Supreme Court refused to review (the overturning of) two convictions.

“D. Marsh McLelland, a retired Superior Court judge, said in a letter dated Sept. 8 that the court’s refusal to review the cases ‘is legally and morally reprehensible.’

“McLelland’s letter to Chief Justice Burley Mitchell said the refusal to review a Court of Appeals order for a new trial raised the term technicality to new heights….”

– From “Judge quits Little Rascals case” from the Associated Press (Sept. 22, 1995)

I imagine that the “technicality” comment was from a direct quote, although I haven’t been able to find either McLelland’s original letter or a more substantial account. It’s no wonder he felt humiliated – the Court of Appeals decision had laid bare his indifference to the rights of the defendants.

Regardless, McLelland’s resignation proved irrelevant, as prosecutors decided not to retry Bob Kelly and Dawn Wilson.