May 10, 2016

“Assistant District Attorney Nancy Lamb once said, ‘The goal of the prosecution is to seek justice.’

“If the defendants were guilty, the prosecution failed.

“If the defendants were innocent, the prosecution failed.

“The prosecution failed at everything but taking years from people’s lives, ruining their reputations, breaking up their marriages, dividing the people of a small town, wasting more than $1 million of the taxpayers’ money and smearing North Carolina’s reputation.”

– From “ ‘Rascals’ debacle ends, but damage is done,” an editorial in the Wilmington Morning Star (Sept. 27, 1999) after prosecutors dropped the last charges against Bob Kelly

Feb. 25, 2013

“The 99 guilty verdicts against (Bob) Kelly appear to have set a benchmark for such cases: that youthful witnesses can have enough credibility to win convictions on their word alone.

“‘This validated child witness testimony,’ said Carolyn McAllaster, who teaches a child advocacy clinic at Duke University’s law school and trial practice at the University of North Carolina School of Law.

“‘I think the reason a lot of prosecutors hesitate to take these cases is they fear these children won’t be believed by juries,’ she said. ‘They should give a child’s testimony the same weight they would give an adult’s testimony. I think that children are very believable and that their testimony can be judged on its own merits.’ ”

– From “Rascals verdict affirms children’s credibility” in the Raleigh News & Observer (April 26, 1992)

McAllaster has gone on to become director of the AIDS Legal Project and a clinical professor of law at Duke.

Has she changed her mind about the credibility of child witnesses?

I asked her.

She hasn’t responded.

May 17, 2013

From Betsy Kelly’s comments at the ceremony awarding Ofra Bikel the 2007 John Chancellor Award for Excellence in Journalism:

“I stand before you tonight because of Ofra Bikel. She spent many hours with my family and with some of the most hurtful and hateful people. She turned many (viewers) around to believe in the truth. The day she walked into my life I had somebody to hold onto… and she opened the door and she led me out…..”

From Nancy Smith Barrow’s comments:

“I thought: She comes from another planet, she doesn’t speak Southern, what can she do?

“I couldn’t understand why anyone would want to climb into that hole we were in…

“Ofra took us where we were, where hell was raining down, where people who have known us since we were born would cross the street not to meet us….

“Ofra, I owe you for the most precious thing in my life (my sister), you brought her back…..”

From Ofra Bikel’s comments:

“I was this close to not doing (‘Innocence Lost’). I said (to assistant Rachel Dretzin), ‘Are you crazy? What are we going to do in a little town with a little hotel that doesn’t take American Express?’…. Anyway, we went, and the first day I realized we were staying….

“The whole country was awash in sexual abuse stories, but there was nothing less likely than for Edenton, North Carolina, to be involved in this satanic conspiracy… The town was calm on outside but seething on the inside with these rumors of terrible sexual abuse, started by one kid, then three kids, then 10 kids, then 80 and then close to a hundred… until they decided to close the list….

“(After the last Little Rascals charges were dropped) I was left with two very strong feelings: how many things can go wrong in the justice system…. and what a powerful tool we had in our hands with the television documentary….”

July 18, 2012

“Law enforcement officials are teaming up with social services experts to investigate and more effectively prosecute child sexual abuse in North Carolina day-care facilities….

“State Bureau of Investigation Director Charles Dunn said… the goal is to train up to 300 individuals in the state’s largest cities.

“Under the protocol, agencies in counties would establish guidelines for interagency task forces. Each task force would include an investigative unit and a resource unit.

“The typical investigative unit would include a child protective services social worker, law enforcement officer, consultant from the state day-care licensing agency and an SBI agent.

“The resource unit might include medical personnel, SBI lab experts, mental health workers and representatives of the attorney general’s and local district attorney’s offices…

“The General Assembly (this year required) SBI notification within 24 hours of any report of sexual abuse in a day-care setting. ‘The Little Rascals case really just helped to focus the public’s and the legislature’s attention,’ ” Dunn said.

– From the Associated Press, July 21, 1992

I suppose this massive response by the state could be described as closing the barn door after the horse is out – except, of course, for the absence of a horse in the first place.

Two decades have passed since all that staff training, protocol drafting and attention focusing, but apparently the state’s interagency task forces are still waiting to be activated for the next day-care ritual abuse case.