Aug. 8, 2012

Five reasons the Little Rascals Day Care case has never attracted the attention it deserves:

■ Overshadowed by McMartin case.

■ No racial angle.

■ Remote location.

■ No death penalty.

■ No DNA.

One reason the case has attracted as much attention as it has:

■ “Innocence Lost” on “Frontline.” Thanks again, Ofra Bikel.

July 5, 2013

“RALEIGH – During a hearing at the state Court of Appeals, Chief Judge Gerald Arnold repeatedly asked a state prosecutor about the fairness of testimony by (Bob) Kelly’s former attorney in Edenton. Arnold said the attorney had, in effect, testified that he believed in Kelly’s innocence until he learned his child had been abused.

“ ‘How can you argue that it was not extremely prejudicial?’ the judge asked.

“Associate Attorney General Ellen Scouten argued that Chris Bean did not divulge confidential information and did not violate an attorney-client relationship with Kelly. She said Bean testified as a parent and a crime victim.

“Arnold said Bean, now a district court judge, had gone beyond describing what he had seen and witnessed as a parent.

“ ‘This boils down to the most fundamental questions of fairness,’ Arnold said. ‘When you have an attorney testifying that “I was Mr. Kelly’s attorney and I believed in him very strongly until I learned the truth, that is to say that he’s guilty, and then I was shattered.” How can there be more prejudicial, stronger evidence put before a jury than to have a former attorney, the defendant’s attorney say that?’

“Scouten said that because the defense had contended that accusers in Edenton were hysterical people on a witch hunt it was fair to allow the state to show the type of people involved.

“ ‘Mr. Bean and his wife were reputable, respected thoughtful, educated people – not the type of people that would be swept up by community hysteria,’ she said.”

– From “Appeal of 2 defendants in Little Rascals case draws a crowd” in the News & Observer (Jan. 10, 1995)

Given this line of questioning, it came as no great surprise when four months later the Court of Appeals overturned the convictions of both Kelly and Dawn Wilson.

Bean’s unfettered opinionating was only one of three major defects cited by the court, the others being the withholding of exculpatory evidence by prosecutors and the testimony of parents as expert witnesses.

The prosecution got off light – the brief filed by appellate defender Mark Montgomery claimed no fewer than 222 potentially reversible errors.

Sept. 6, 2013

“The day-care trials couldn’t have happened without the active participation of social workers and therapists.  Police authorities relied on the therapists to interpret what the child witnesses were saying, to interview the children and to counsel them about their alleged experiences. One might suppose that the realization that:

• People have been sent to prison for years for crimes that never happened;
• Children had been abused, not by the accused, but by misguided therapists who implanted false memories;

would have created a huge mea culpa among the professionals involved.  This hasn’t happened.

“Some have defended their actions, if not the results, on the basis that their hearts were in the right place.  Some have excused themselves on the basis that nobody knew any better – that, by golly, nobody could have guessed that rewarding children for making accusations, and questioning them until they did make accusations, might just lead to false accusations.

“And they speak, in self-pitying tones, about the ‘backlash’ – the (presumably) undeserved and irrational criticism that is flung their way.”

– From  “The ‘Ritual Abuse’ Panic” at Imaginary Crimes

Mum’s still the word from the prosecution therapists in the Little Rascals case, except for Judy Abbott’s resentful response to the “backlash.”

Dec. 21, 2011

“Is it not plain that the people had frightened their children with so many tales that they could not sleep without dreaming of the devil, and then made the poor women of the town confess what the children said of them?”

– From Francis Hutchinson’s “Historical Essay Concerning Witchcraft” (1718) describing the 1669 “seduction” of 300 children in Mora, Sweden, which resulted in the burning of 85 “witnesses” (cited in “Victims of Memory” by Mark Pendergrast)