June 29, 2016

“Compensation is intended in part as a deterrent: a municipality that has to pay heavily for police or prosecutorial misconduct ought to be less likely to allow it to happen again. But it is taxpayers, not police or prosecutors, who bear the costs of litigation and compensation. Prosecutors enjoy almost total immunity in cases of misconduct, even if they deliberately withhold exculpatory evidence from a jury. A 2011 Supreme Court ruling also made it virtually impossible to sue a prosecutor’s office for such violations….”

– 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)

To “deliberately withhold exculpatory evidence” seems all too neatly illustrated in Bob Kelly’s trial. Here’s how the North Carolina Court of Appeals described the prosecution’s actions:

“Judge L. Bradford Tillery, a pretrial Judge, directed the State to file and present for in camera review identifying information, medical and psychotherapeutic files and DSS files with respect to the ‘indictment children’….

“In apparent compliance with Judge Tillery’s order… the State turned over a box of files to the trial court, Judge (Marsh) McLelland presiding. The box contained, inter alia, complete medical notes and therapy notes on the 29 indictment children, 12 of whom testified at defendant’s trial and 17 of whom did not….

“After trial, defendant’s appellate counsel went to the Office of the Clerk of Court for Pitt County to view the exhibits. He opened several boxes containing trial exhibits, none of which were sealed. One of the boxes contained 29 files labeled with the names of the indictment children…. Defendant argues that the files contained undisclosed information that would have been material to the defense.”

To wit, the withheld files were bulging with exculpation – conflicting claims, evidence of hysteria, eyewitness testimony that nothing happened.

Prosecutors H.P. Williams Jr., Bill Hart and Nancy Lamb walked away rebuked by the Appeals Court but otherwise unpenalized. How differently might the Little Rascals case have unfolded had they known their recklessness wouldn’t be shielded by prosecutorial immunity?

Three years ago a former Edenton resident told me: “The town leaders still have some things to answer for about Little Rascals, and I suspect that until there is a process of reconciliation, the town will remain a troubled place, though it does a good job putting on a facade.”

Edenton will elect its town officials Nov. 5. The predominant issues – population decline and the lack of a second supermarket – are clearly important, but I want to add another. This is from a query I sent all the candidates:

I don’t live in Edenton, but I’m reaching out to candidates for mayor and town council about a local issue of historic importance.

The Little Rascals Day Care case was Edenton’s most significant event of the 20th Century. The trial of Robert Kelly remains the longest and most expensive in North Carolina history. He served six years in prison before the North Carolina Court of Appeals overturned his conviction and that of Dawn Wilson. The lives of Kelly, Wilson and the five other defendants were profoundly harmed over allegations of “satanic ritual abuse” of children in their care.

The Little Rascals case, most prominently covered by eight hours of documentary coverage on PBS’s “Frontline,” also did nationwide damage to the town’s reputation. But Edenton has never reexamined, much less made amends for, the wrongful prosecution of the Edenton Seven. One way to move forward would be to create a Truth and Reconciliation Commission.

Fact-finding, non-judicial truth commissions first appeared in the 1970s and have since been used to foster honest discussion and to encourage reconciliation in the aftermath of community conflict.

In North Carolina the Greensboro Truth and Reconciliation Commission was an independent, seven-member body that sought to heal a city left divided and weakened by the “Greensboro Massacre” of 1979. The parallel to Edenton is inexact but undeniable.

If elected, would you consider supporting a Truth and Reconciliation Commission to address Edenton’s continuing divide over the Little Rascals Day Care case? Thank you for your time and attention. And good luck in your campaign.

The two candidates who have responded so far seem at least cautiously open to the idea. One day the Town of Edenton will surely find the courage to embark on its long-avoided “process of reconciliation” – let’s hope the Edenton Seven are around to see it.’

Sept. 25, 2013

“Peer group pressure… is a factor that should be considered when there is an allegation of sexual abuse involving multiple victims. Children in Edenton who never attended the day care, but who had peers who attended, claimed to have been abused at the day care.

“During her testimony for the defense, Dr. Maggie Bruck described a scientific study in which two actors went into a classroom of 28 children to give a talk. During the talk one of the actors knocked a large birthday cake off a piano. Seven children had been removed from the room and did not observe the event. Later when the children were interviewed six of the seven children who had not been present not only claimed to have been there but described the event as if they had been present.”

– 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)

Oct. 29, 2015

“You have to be … inventive to brand yourself as a Halloween capital – extending a one-night affair into a monthlong celebration and inviting hundreds of thousands of visitors into your streets – when for centuries you were known as the community that put innocents to death for witchcraft. How did Salem, Mass., repackage a tragedy as a holiday, appointing itself ‘Witch City’ in the process?…

“About 200 years after the trials, a Salem silversmith issued a souvenir spoon, featuring a witch holding a broomstick. Other mementos followed. It was difficult to hit the right note: The Salem-based Parker Brothers company issued, then quickly discontinued, a witchcraft card game…. When Arthur Miller visited Salem in 1952, he discovered the subject was taboo….

“Meanwhile the city fell on hard times…. As if by magic, a different kind of enchantment arrived in the form of the ABC sitcom, ‘Bewitched.’ It seemed that an ancestor of Samantha, the main character, had been convicted of witchcraft during the trials….

“In Samantha’s wake, Salem recast its inglorious past, or at least some version of it…. The city transmuted its secret shame into its saving grace. In 1982 it introduced ‘Haunted Happenings,’ later extending the holiday into a four-week festival. ‘Salem owns Halloween like the North Pole owns Christmas,’ The Boston Globe declared….  Halloween is to some extent year-round in Salem, where you might well bump into a goblin in a sandwich shop in July.

“Three hundred years after the trials, Salem unveiled an elegant, understated memorial to the victims. Three hundred and thirteen years after the trials, it unveiled a gleaming statue of the ‘Bewitched’ star, Elizabeth Montgomery, on a broom. Not everyone liked the idea: A former historic district commissioner clucked that one might as well plant a likeness of Colonel Klink at Auschwitz. But the 1992 memorial was arguably not itself possible without ‘Bewitched.’ It isn’t easy to commemorate an atrocity. ABC’s domestic goddess had both laundered and folded the history….”

 – From “First, Kill the Witches. Then, Celebrate Them.” by Stacy Schiff in the New York Times (Oct. 24)

Edenton may lack the springboard of a popular sitcom, but this 1993 letter writer foresaw the tourism potential of remembering the Little Rascals case.  Proposals for a statue – or a spoon – anyone?