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.

June 3, 2014

“I want all of you to ask yourselves: If you were to find yourself in the unfortunate circumstance of being the victim of a crime, who would you want representing your interest in the criminal justice system?

“Would you want someone like me, with 30 years experience as a veteran prosecutor, a person who has prosecuted every kind of criminal case there is?

“Or would you want someone like my opponent, whose entire criminal experience comes as in the role of being a criminal defense attorney, defending criminals who commit crimes against the people of the 1st District?”

– Little Rascals prosecutor Nancy Lamb, now a candidate for district attorney, comparing herself – most favorably! – with incumbent Andrew Womble

Lamb won the Democratic nomination for DA in last month’s primary and will face Republican Womble in the general election. Although her campaign website boasts that she has been  “nationally recognized for her work with child abuse,” it somehow neglects to mention her star turn in one of the country’s most publicized “satanic ritual abuse” prosecutions. Fortunately, the five months between now and Nov. 4 should provide ample opportunity for her to address that issue.

July 29, 2013

“Scientists at the Massachusetts Institute of Technology have developed the ability to implant mice with false memories. The memories can be easily induced and are just as strong as real memories, physiological proof of something psychologists and lawyers have known for years.

“The findings are a serious matter. According to the Innocence Project, eyewitness testimony played a role in 75 percent of guilty verdicts eventually overturned by DNA testing after people spent years in prison. Some prisoners may even have been executed due to false eyewitness testimony. It was not because the witnesses were lying. They were just wrong, said Susumu Tonegawa, a molecular biologist and the lead author in the MIT study.

“In the longest criminal trial in American history, the McMartin family, who operated a preschool in California, was charged with multiple incidents of child abuse. After seven years and $15 million in prosecution expenses, some charges were dropped and the defendants were acquitted of others when it became clear some of the accusations were based on false memories, some possibly planted by childrens’ therapists.”

– From “Scientists Produce False Memories In Mice” by Joel N. Shurkin, Inside Science News Service (July 25, 2013)

The same day’s Guardian of London adds this response from Chris French, head of the Anomalistic Psychology Research Unit at Goldsmiths, University of London:

“Memory… is a reconstructive process which involves building a specific memory from fragments of real memory traces of the original event but also possibly including information from other sources.”

“Information from other sources” – that is, from prosecution therapists – was what contaminated the memories of child witnesses in cases such as McMartin and Little Rascals.

Feb. 27, 2015

“…. A social worker from North Carolina informed the group (the Society for the Investigation, Treatment and Prevention of Ritual and Cult Abuse) that in the day-care sex-abuse case she was investigating, she thought she remembered the kids talking about black helicopters. She said she would look into it.”

– From “Conspiracy Theories and Paranoia: Notes from a Mind-Control Conference” by Evan Harrington in the Skeptical Inquirer  (September-October 1996)

The “ritual and cult abuse” conference took place in Dallas in March 1995, several years after the trials of Bob Kelly and Dawn Wilson (and just a couple of months before the North Carolina Court of Appeals overturned their convictions). But I wouldn’t be surprised if the social worker chatting with Dr. Harrington was a prosecution therapist still eagerly accumulating and broadcasting claims … this one perhaps.