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.

Dec. 10, 2014

“More than a decade ago, I wrote about the McMartin preschool case, and other satanic ritual child abuse accusations that turned out to be false. Back then, the slogan many supporters of the accusations brandished was, ‘Believe the Children.’ It was an antidote to skepticism about real claims of child abuse, just as today, ‘Believe the Victims’ is a reaction to a long history of callous oversight of rape accusations.

“ ‘Believe the Victims’ makes sense as a starting presumption, but a presumption of belief should never preclude questions. It’s not wrong or disrespectful for reporters to ask for corroboration, or for editors to insist on it. Truth-seeking won’t undermine efforts to prevent campus sexual assault and protect its victims; it should make them stronger and more effective.”

– From “Reporting on Rape” by Margaret Talbot at newyorker.com (Dec. 7)

Given the prosecution’s strategic secrecy, the pursuit of corroboration in the Little Rascals case presented an enormous challenge. But news coverage could been far more skeptical and revealing – perhaps even game-changing. The editor of the News & Observer certainly thought so.

Nov. 11, 2011

“The first case to raise alarms about predators in nursery schools was that involving the McMartin preschool in Manhattan Beach, California…. In 1983, a woman named Judy Jones charged that 25-year-old Ray Buckey, a teacher and grandson of the school’s founder, had sodomized her two-year-old son.

“(Jones) was an alcoholic and subsequently diagnosed as a paranoid schizophrenic.

“After her charge against Buckey (who was acquitted in 1990 along with his mother and school owner Peggy McMartin Buckey), she went on to make the same allegations against a member of the U.S. Marine Corps who had, she said, sexually assaulted her dog.”

– From “No Crueler Tyrannies: Accusation, False Witness and Other Terrors of Our Times” by Dorothy Rabinowitz (2003)

 When Rabinowitz, a member of the Wall Street Journal editorial board, won the 2001 Pulitzer Prize for commentary, the judges cited her series on unjustified child-abuse prosecutions.

Feb. 8, 2016

“Bob Orr, a former North Carolina Supreme Court justice, says it’s time for a comprehensive outside review of the state agency that oversees lawyers.

“Orr… is part of a committee looking at legal professionalism as part of Chief Justice Mark Martin’s recently launched review of the state justice system….

“The call for evaluation comes amid questions about the bar’s aggressive prosecution of three defense attorneys who have worked on Racial Justice Act (text cache) and innocence inquiry cases….”

– From “Former NC Supreme Court justice calls for review of state bar” by Anne Blythe in the News & Observer (Feb. 6)  (text cache)

Right on, Justice Orr. And thanks to the N&O for its continuing attention to the flagrant self-dealing of the Prosecutors Club, most recently this account (text cache) by Joseph Neff contrasting the bar’s two sets of ethical standards:

“For most of 2015, the North Carolina State Bar vigorously and publicly pressed ethics charges against two anti-death penalty lawyers for what were eventually judged to be unimportant inaccuracies in two sworn affidavits.

“During the same time, the bar privately dismissed complaints that three prominent prosecutors – one running for attorney general, another now a Superior Court judge – used a false affidavit in a racially divisive case that has roiled Winston-Salem for more than a decade….”

I’ve even seen it suggested that the situation demands a separate panel specializing in prosecutorial misconduct (text cache).