July 26, 2013

Rereading appellate defender Mark Montgomery’s thunderously compelling brief on behalf of Bob Kelly always delivers something I had either passed over earlier or forgotten. This time it was that

“(Jimmy) and Nancy Smith also declined to have their son Judson evaluated by one of the four therapists who saw the other children. By the time of trial, both Mr. and Ms. Smith had been accused by several children as having participated in the abuse. (One of the child-witnesses) said of Nancy Smith, ‘She’s Miss Betsy’s sister, so she must be mean.’ ”

The Smiths’ close call highlights once again the terrible randomness of the Little Rascals prosecutors’ accusation process.

How challenging the prosecutors’ decision-making must have been: Which child-witness had been adequately manipulated, and which couldn’t be counted on to earnestly describe the sharks, the butcher knives and the dead babies? Which innocent adult was vulnerable, and which might strike jurors as just too unlikely a serial ritual-abuser?

Nancy Smith (Barrow) recalls today that “I had NO idea I had been accused until working with (defense attorneys) Mike Spivey and Jeff Miller for Bob’s trial.  I happened to read some notes from police interviews and saw my name more than once….

“No member of my family – mother, father, Laura, Leslie, or Judson – was ever interviewed by police or prosecutors.  Jimmy and I talked with Brenda Toppin one afternoon in her office.  She only wanted to know about the state of Bob and Betsy’s marriage.”

March 4, 2013

“What did Mark Everson, Dr. (Jean C.) Smith, Dr. (Desmond K.) Runyan, Dr. (Doren D.) Fredrickson… all say about behaviors of children who are sexually abused?”

 – From Nancy Lamb’s closing argument in the trial of Bob Kelly (March 23, 1992)

Although Lamb was understandably pleased with her parade of expert witnesses, their testimony brought only discredit to themselves, to their professions and to the University of North Carolina at Chapel Hill, especially its School of Medicine.

The prosecution called on psychologist Mark “Where there’s smoke….” Everson to explain away the child-witnesses’ wild inconsistencies and on pediatricians Smith, Runyan and Fredrickson to serve as “educators of the jury” about the case’s dubious physical evidence. (As detailed in this article in the Journal of Child Sexual Abuse, the pediatricians overreached but at least testified with less enthusiasm and more caution than Everson.)

One Chapel Hill faculty member, however, wasn’t fooled by the funhouse mirrors. I’ll be writing about sociologist Anthony Oberschall in Wednesday’s post.

Jan. 6, 2012

“Innocence Lost” aired too late to save the Edenton Seven, but its influence in deflating the nation’s ritual-abuse bubble is hard to exaggerate. Shock and outrage – and considerable ridicule of North Carolina justice – followed each of the three episodes.

Walter Goodman’s 1993 New York Times review pointed to “the likelihood that no crime was committed, unless convicting innocent people counts as a crime.”

“To say this tragic farce has resembled a hysterical witch hunt,” Phil Kloer wrote in the Atlanta Journal and Constitution in 1997, “is to demean witch hunts.”

March 15, 2014

“In an interview with Entertainment Weekly (True Detective creator Nic) Pizzolato responded to a question about the inspiration for the show: ‘You can Google “Satanism” “preschool” and “Louisiana” and you’ll be surprised at what you get.’

“This is clearly a reference to a 2005 child abuse prosecution in Ponchataoula, Louisiana, that generated lurid international headlines about ritualistic Satan worship inside a church, complete with black robes, animal blood, orgies, and pentagrams.

“This has since led various media sources to report breathlessly on the ‘true story’ behind True Detective. The problem is that this ‘true story’ turns out to be completely false, at least in regard to all the details regarding Satanic ritual abuse.

“These were apparently part of a classic atrocity story, invented by the defendants to garner sympathy from jurors – the idea being that the defendants were victims of an unspeakably evil church-based mind control cult, rather than merely being banally evil and not very interesting child molesters.

“What sort of moral responsibility do artists have not to exploit, and thereby perhaps propagate, moral panics? The aesthetic power of The Birth of a Nation and Triumph of the Will has not absolved their creators for choosing to exploit racist and anti-Semitic beliefs.

“Our shameful history of panics and persecutions over the imaginary satanic ritual abuse of children should have been treated by artists as talented as the makers of True Detectiveas a cautionary tale, rather than as an opportunity for further invidious myth-making.”

– From “True Detective’s dangerous lies about satanic ritual abuse” by Paul Campos at The Week (March 12)

I’m surprised to find myself cutting the just-concluded HBO series a bit more slack than Campos, a law professor at the University of Colorado. But True Detective’s potential for doing harm in 2014 seems minimal compared with the hysterically alarmist Do You Know the Muffin Man? which aired on Lifetime while arrests were still being made in the Little Rascals case.