Jan. 21, 2013

“According to advocates (of victim impact statements), they allow victims to personalize the crime and elevate the status of the victim by describing the effect the crime has had on them or their families. Some laud the courtroom ritual as an aid in the emotional recovery of the victim…. A few legal scholars suggest that the well-intentioned personalization of a crime can blur the line between public justice and private retribution….”

– From “Death by Treacle” by Pamela Haag in the American Scholar (Spring 2012)

“Prosecutor Nancy Lamb and the mothers of the victims burst into tears. Court officials handed out tissues.”

– From “Day Care Owner Convicted on 99 Counts of Child Abuse” by the Associated Press (April 22, 1992)

Count me with those “few legal scholars” who doubt justice is well served by injections of sentimentality. (Although Bob Kelly’s sentencing seems to have concluded without victim impact statements, prosecutors ensured an ample display of mawkishness – the front row was packed with supposed child-victims holding tight to their dolls and teddy bears.)

But sentimentality also extends to the blindered bonding of Little Rascals prosecutors and parents.

What if Nancy Lamb had managed to keep even the slightest professional distance between herself and the parents, instead of being swallowed up in their manic cause? Might she have been able to glimpse reality?

And what if Bill Hart had avoided dating (and later marrying) one of those parents?

Pennsylvania prosecutor Alan Rubenstein managed to avoid such pitfalls – why couldn’t others?

Nov. 8, 2014

“In the summer of 1989, I accepted my first job at a daily paper when The Daily Advance hired me to cover a two-county beat – Chowan and Perquimans. When I arrived, Bob Kelly had just been arrested and charged in about a dozen cases. My editor told me about it, almost in passing, and said, ‘You might want to keep an eye on it.’ I did, and for the next two years it consumed my life.

“I was 24 years old with a wife of two years and no children. I had no experience reporting on police and courts and was very naive as to how the system worked. As the case expanded I became convinced of the defendants’ guilt. Their lawyers wouldn’t let them talk and they were hard to reach in jail. Prosecutors were also tight-lipped, but some of the parents couldn’t stay that way.

“For two years all I had to go on were the stories of parents and what I believed to be a mountain of evidence in the hands of prosecutors. Shortly before Bob’s trial began, three important things happened. I finally got to interview two of the defendants (Robin Byrum and Scott Privott). Their stories were very convincing and I was no longer certain of their guilt. I was also promoted to an editing position and was no longer actively reporting on the case. I was in charge of the reporters who would. Also at this time the ‘Frontline’ show came out, pretty much blowing the lid off the prosecution’s case.

“As Bob Kelly’s trial unfolded, I found that the prosecution had little to no evidence. My faith in the case was weakened and I was surprised when Bob was convicted. Then another defendant (Dawn Wilson) fell and Bob’s wife Betsy Kelly pleaded no contest. That upset me because I was convinced she was innocent and I wanted her to fight and prove it.

“At this point in my life, I had become a parent and soon my first marriage would end. I returned home to Colorado but continued to follow the case from afar. I was happy when the convictions were overthrown and the other charges dropped. As a parent I could now see and understand that what was normal childhood behavior was being grossly misinterpreted as signs of child sex abuse.

“In hindsight, I feel bad for everyone involved in the case. Both sides went through hell. Most of all, though, I feel for the children. Their lives were altered and family and community dynamics changed by forces beyond their control and beyond reason.”

– Joe Southern, recalling his experience covering the Little Rascals case for the Elizabeth City Daily Advance

This 1991 piece, reprinted in a Del Rio, Texas, paper, seems to be reporter Southern’s lone Little Rascals story to survive online. He is now managing editor of The Sealy News in Sealy, Texas.

More recently, the Daily Advance has shown far less interest in the case – well, none, actually – or in Nancy Lamb’s responsibility for pursuing and prolonging it.

May 18, 2016

Even where (wrongful imprisonment) compensation laws exist, they can be badly flawed. Most states, like Louisiana, place the burden on people who were wrongly convicted to prove their innocence before any payment is made. Several states offer embarrassingly small payouts…. Others have laws riddled with unreasonable restrictions…. Some refuse to pay anyone who pleaded guilty or who confessed to a crime he or she did not commit, despite evidence that many innocent people do both….”

– From “Paying for Years Lost Behind Bars,” editorial in the New York Times (May 18)

And some states – well, actually, just one – have governors who withhold compensation for nine months while gratuitously reinvestigating a DNA exoneration.

Jan. 4, 2017

“[Richard Beck’s ‘Believe the Children’] is perhaps most poignant on the subject of the damage to the young people who acted as witnesses. ‘Children as young as three and almost never older than nine or ten,’ Beck writes, ‘children who previously understood their time in day care as essentially normal, whether happy or not, had their lives reorganized around the idea that they were deeply and irrevocably traumatized.’ ”

– From “Our Panics, Ourselves” by Rebecca Onion in Boston Review (Sept. 22, 2015)