March 17, 2015

“Warren Twiddy, 68, father of defendant Betsy Kelly, said he’s been ‘shunned, blocked out’ by some residents and nearly run out of his church.”

– From “Trial rips fabric of community” by Mark Mayfield in USA Today (March 20, 1992)

“Twiddy sold his insurance business and exhausted his retirement savings to pay his daughter’s legal fees. Old friends, he says, won’t even say hello on the street. Clients canceled policies after his daughter was indicted.”

– From  “Town’s pain is revived by TV film” by Andrea Stone in USA Today (July 22, 1993)

“Twiddy admits… some bitterness toward his neighbors, who ignored him at church and at the country club.

“ ‘Before, the bulletin board was full with places we were supposed to be up ’til Christmas,’ he said. ‘After this, nothing, buddy.’ ”

– From “Talk of new trial makes Edenton shudder” by Carol D. Leonnig in the Charlotte Observer (Sept. 10, 1995)

“Our need to matter and our need to belong are as fundamental as our need to eat and breathe. Therefore ostracism – rejection, silence, exclusion – is one of the most powerful punishments that one person can inflict on another.

“Brain scans have shown that this rejection is actually experienced as physical pain, and that this pain is experienced whether those that reject us are close friends or family or total strangers, and whether the act is overt exclusion or merely looking away….”

– From a delanceyplace.com summary of “The Pain of Exclusion” by Kipling D. Williams in Scientific American (January/February 2011)

The misery caused by wrongful prosecution of the Little Rascals case extended far beyond courtrooms and jail cells. Defendants’ family members such as Betsy Kelly’s father endured many years in a hell of ostracism.

Warren Twiddy died in 2012. He was 89.

Dec. 31, 2014

“Dear Mr. Powell:

“At their meeting on December 16, the members of the North Carolina Highway Historical Marker Advisory Committee… voted unanimously not to approve a marker (in Edenton recognizing the Little Rascals Day Care case).

“Your nomination was among 17 on the agenda (only five met with approval)…. In short, the committee felt that the case was too recent – with too many people affected by it living in the area. They felt that much more time needed to pass before the subject could be judged by history and considered for a marker. One suggestion was that it might be considered 25 years after the deaths of those convicted…..”

– From a letter rejecting my application for a “history on a stick” marker for the Little Rascals case

I respect the committee’s reasoning, even though I doubt I’ll be around when it’s ready to reconsider – in what, 2075?

April 13, 2015

D. Marsh McLelland, judge in the trials of Little Rascals defendants Bob Kelly and Dawn Wilson, died last month in Burlington. He was 94.

This laudatory obituary in the Greensboro News & Record barely mentions the most consequential case in McLelland’s career – “He was brought out of retirement by the state’s chief justice to hear the Little Rascals Day Care child sex abuse case….” – and this one in the Burlington Times-News mentions it not at all.

Had McLelland stayed retired, the prosecution of the Edenton Seven might well have been derailed early on.

The judge originally assigned to the case, L. Bradford Tillery, stepped down under pressure from Deputy Attorney General Bill Hart. Mark Montgomery, Bob Kelly’s appellate attorney, explains why:

“Hart did not like the way Tillery was handling the case.  The final straw was when Tillery ordered Hart to turn over the State’s interviews of those kids who were not the subject of indictments.  He did not order them given to the defense, as he should have done, but Tillery was going to look through them himself.  If he had, he would have seen that most of the kids at the day care, including Hart’s adoptive daughter, had said nothing happened and the jury would have heard about that.

“To prevent that, Hart filed motions accusing Tillery of being biased against the State. Rather than punishing Hart, Tillery took himself out of the case to avoid any appearance of partiality.  Enter McLelland.

“Because Tillery had already ordered the interviews turned over to the court, that was a done deal.  But McLelland never looked at them.  I stumbled across them in the exhibit room of the courthouse and informed the Court of Appeals in my brief.  The failure of the State to turn over to the defense the interviews of kids who said nothing happened was one of the grounds for a new trial for Bob.”

Tillery clearly was stung by Hart’s ploy: “I have served as a judge of Superior Court for over 20 years, and I never found it necessary to take such a step…. Neither have I ever been made to feel before that one side or the other considered me to be not only an adversary but also fair game …. for reckless assertions.”

If only Tillery had responded not by resigning but by sanctioning Hart for withholding evidence.

May 10, 2016

“Assistant District Attorney Nancy Lamb once said, ‘The goal of the prosecution is to seek justice.’

“If the defendants were guilty, the prosecution failed.

“If the defendants were innocent, the prosecution failed.

“The prosecution failed at everything but taking years from people’s lives, ruining their reputations, breaking up their marriages, dividing the people of a small town, wasting more than $1 million of the taxpayers’ money and smearing North Carolina’s reputation.”

– From “ ‘Rascals’ debacle ends, but damage is done,” an editorial in the Wilmington Morning Star (Sept. 27, 1999) after prosecutors dropped the last charges against Bob Kelly