April 25, 2016

“Prosecutors wield extraordinary, unparalleled, and unchecked power. ‘They alone decide who to prosecute for criminal offenses, what charges to bring against them, and what punishments to seek,’ as the National Registry (of Wrongful Convictions) says. ‘In practice, that power extends to convicted defendants as well. If a sitting prosecutor asks the appropriate court to vacate the judgment and dismiss the charges against a defendant … it will happen.’

“But this requires political will. And too often, the will is not there. As (Keith Hampton, attorney for Fran and Dan Keller) notes, convincing a prosecutor that an injustice has happened can be a tough pull: ‘Unless you have DNA – unless you get the DA completely cornered – there are no profiles in courage out there,’ he says.

“Still, the number of exonerations in cases where no crime was actually committed are on the rise – so at least in some jurisdictions, individuals aren’t forever left in the kind of limbo in which the Kellers find themselves. The National Registry includes 540 exonerations in no-crime cases, including 51 exonerations in child sex abuse ‘hysteria’ cases (including Bob Kelly and Dawn Wilson)….”

– From “Convicted of a Crime That Never Happened: Why Won’t Texas Exonerate Fran and Dan Keller?” by Jordan Smith at the Intercept (April 8)

Oct. 14, 2014

“(Bob) Kelly’s father-in-law, Warren Twiddy, says that blacks are the only people in Edenton who still treat him like a human being.

“One black woman, calling the whole episode a Salem witch hunt, told me she was so ashamed she had removed the Edenton license plates from her car.”

– From “Nursery witch hunt” by Ambrose Evans-Pritchard in the Sunday Telegraph of London (Aug. 3, 1993)

July 8, 2016

“As for an ‘investigative’ piece about the Kelly case that would get to the ‘truth,’ we will have to see if we have any staff members who are sufficiently passionate to get at this story….”

– From News & Observer executive editor Frank Daniels III’s reply (June 10, 1992) to a plea for coverage from Jane W. Duffield of the Committee to Support the Edenton Seven

Daniels’ predecessor, Claude Sitton, lamented later that “my greatest mistake (was) my failure as editor… to make sure we had a top-notch investigative reporter on the Little Rascals case.”

I’ve asked Daniels to share his own recollections of the paper’s coverage, but haven’t heard back.

April 6, 2012

“Parent-experts made a specific kind of sense of their children’s behaviors and emotions by retrospectively interpreting them as sequelae of day care ritual abuse rather than as reactions to familial stress, the vicissitudes of growing up or, for that matter, the stress of the investigation and the interrogations. ….

“Parent-experts testified that they never had reason to worry about their children’s behavior until they disclosed ritual abuse. Then, to the parent-experts, the tantrums, fears and sleep disturbances that once had looked like nothing more than normal growing pains were retrospectively interpreted….”

– From “The Day Care Ritual Abuse Moral Panic”  by Mary De Young (2004)

Judge Marsh McLelland’s allowing parents to testify as experts about their children’s behavior was one of the key defects pointed out by the N.C. Court of Appeals in overturning the convictions of Bob Kelly and Dawn Wilson.