March 13, 2013

In researching his master’s thesis, “Modern Witch Hunts: How Media Have Mishandled Ritual Child-Sex-Abuse Cases,” UNC Chapel Hill journalism student David O. Loomis focused on the inadequate coverage provided by the weekly Chowan Herald in Edenton.

“North Carolina law,” Loomis acknowledged, “prohibits official disclosure of information about ongoing criminal investigations. Under the circumstances, gathering information about questionable interrogations conducted in therapy sessions would be a difficult and complex undertaking for a small reporting staff on a tight budget….”

The comments he elicited from Jack D. Grove, former managing editor of the Herald, reflect the challenge stories such as Little Rascals present tiny newsrooms – and the severely limited guidance they are able to make available to readers in forming opinions:

On his journalistic experience: “I was never a professional reporter.”

On being almost three months behind the Elizabeth City Advance in starting to cover the story: “In a small town like Edenton, reputations are at stake. Reputations are everything in a small town.”

On relations with prosecutors and police: “The district attorney became our prime source…. I didn’t ask questions of the Police Department at all, because I knew what the answers were going to be…. I did ask Brenda Toppin, who I did not know was lead investigator, but I got an uncharacteristic cold shoulder. She said, ‘I can’t comment on an ongoing investigation.’ That was interesting.”

On the newsroom budget: “I could only make long-distance calls when the boss would let me. He never refused. But he had to approve.”

 On outside pressure: “I was approached by several influential businessmen who clouded up and rained all over me for putting a (Little Rascals) story on the back page. I said, ‘Go tell Pete Manning (the publisher), don’t tell me.’ These businessmen, almost all parents of Little Rascals children, went into a closed-door meeting with Pete. We never again had a story anywhere but on the front page after that.”

Courtesy of David Loomis, “Modern Witch Hunts” is now available on the Bookshelf of case materials on this website.

July 2, 2012

Perhaps the prosecution’s most influential expert witness during the 1992 trial of Bob Kelly was psychologist Mark Everson, director of the Program on Childhood Trauma and Maltreatment in UNC Chapel Hill’s department of psychiatry.

Here’s how Everson responded to a defense expert’s testimony that children are suggestible and should not be repeatedly interviewed: “It’s kind of naïve. It’s the kind of statement you really wouldn’t make if you worked with these kids.”

In a Charlotte Observer interview 10 years later, Everson seemed unmoved by the continuing wave of scientific research exposing the fallacy of “Children don’t lie.” He said he found it hard to believe that every Little Rascals child-witness had been badly interviewed and confused: “There’s so much smoke there, it’s hard to imagine there’s no fire.”

Where there’s smoke there’s fire?

Good lord. I wasn’t surprised to hear such naivete from a juror – “Something must have happened,” one told Ofra Bikel — but from a respected UNC faculty member whose opinion influenced whether Bob Kelly would be convicted and imprisoned?

Last week I emailed two questions to Everson at his Chapel Hill office:

– Have you changed your mind?

– How much credence do you give researchers such as Ceci and Bruck who have demonstrated the unreliability of child-witnesses?

I’ve yet to hear back.

But it’s hard to optimistic about a possible reassessment when Everson continues to choose Kathleen Coulborn Faller as his most frequent coauthor.

March 20, 2017

“America saw another record year for the number of prisoners being exonerated, according to the National Registry of Exonerations, a project of University of California Irvine Newkirk Center for Science & Society, University of Michigan Law School, and Michigan State University College of Law.

“For 2016, 166 people were exonerated of crimes and released from prison, 52 of them for murder. Of all the exonerations, 70 cases involved official misconduct of some sort, and in 74 of the cases, convictions came from guilty pleas. And in 94 cases (also a record) it turned out that no actual crime occurred at all. These were mostly drug cases but also some child sex abuse cases. Most famously, the San Antonio Four, four women convicted in 1998 in a fabricated satanic child sex abuse ring scandal, were released in 2016 after it finally became clear the crimes never occurred.”

– From “Decades of exoneration stats show blacks more likely to wrongfully convicted” by Scott Shackford at reason.com (March 7)

Of the Edenton Seven, only Bob Kelly and Dawn Wilson, whose convictions were overturned, qualify for the National Registry of Exonerations. As spokesman Ted Koehler told me five years ago, “The Edenton case was a terrible witch hunt. Regretfully, though, [Betsy] Kelly’s and [Scott] Privott’s guilty pleas and the dropped charges against [Robin] Byrum, [Shelley] Stone, and [Darlene] Harris do not fit our definition of an exoneration….”

Jan. 11, 2012

“It’s worth remembering, in the 1980s we had a whole spate of false accusations of… sexual abuse of children. The McMartin Preschool, all those supposed satanic cults in day care centers, turned out to be false…. It’s worth it to remind people of that.”

– Legal analyst Jeffrey Toobin, interviewed on CNN (Nov. 15) about the Penn State case

In fact, deep distinctions separate Penn State and the “multi-victim, multi-offender” – MVMO, in the sex-crime argot – accusations typified by McMartin and Little Rascals.

Since 1995, Ontario Consultants on Religious Tolerance has investigated 40 alleged MVMOs at 24 locations around the world. Number of substantiated instances of ritual abuse: zero.

According to its research, “Any criminal acts were non-ritual abuse by a single perpetrator… Almost all the crimes with which people were charged never happened.”

Regardless, Toobin’s reminder is a welcome counterpoint to the Judge Nancy Grace school of instant verdicts.