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.

Jan. 20, 2016

“The Jan. 15 editorial ‘The limits of zeal’ contrasted the penalty given Christine Mumma with the absence of rebuke to prosecutors for the ‘massive failure’ that kept her client wrongfully imprisoned for more than 36 years.

“It is not enough simply to point out this shameful disparity. The public embarrassment resulting from the hearing should move the North Carolina State Bar to empower a separate disciplinary panel to deal only with prosecutorial excesses. Such a panel would not lack for business.”

– From “A Panel for Prosecutors,” my letter to the editor of the News & Observer  (Jan. 19) (text cache)

June 18, 2012

“Yes, prosecutors blundered terribly by piling on charges and piling on defendants, just because they could.

“Yes, some of the parents became hysterical and acted out of guilt. That’s the way people act when told their children have been sexually abused – by someone to whom they entrusted them, to whom they personally delivered them every day.

“And here’s another thing the experts are right about. The children weren’t perfect witnesses. They got mixed up. They talked about spaceships and houses that walked.

“But that’s what it means to be a child, and what makes children prey to pedophiles. Children don’t know how to defend themselves. They’re easy to scare and apt to do what adults tell them to do.

“There is plenty to learn from the tragic mistakes in the Little Rascals case. But the final tragedy would be to conclude that child sex abuse is some sort of figment of our social imagination, and not the very real predator it is.”

– From a column by Lorraine Ahearn in the Greensboro News & Record (June 1, 1997)

As previously mentioned, journalists were among those who just couldn’t believe nothing happened at Little Rascals.

Ms. Ahearn, who covered part of Bob Kelly’s trial before becoming a columnist, has changed her line of work since 1997 – has she also changed her mind about ritual sex abuse at day cares? Apparently not:

“I am no longer a working journalist, and I am not interested in weighing in.

“You may glean whatever you wish from the (column). I did cover the trial as a reporter and that was what my column was based upon, not second-hand views about unrelated cases.”

I’d be the last to disparage shoe-leather reporting, but it’s those “second-hand views about unrelated cases” – from journalists such as Debbie Nathan and social scientists such as Stephen Ceci and Maggie Bruck – that enable us to comprehend the incomprehensible.

●  ●  ●

Do I ever tire of asking the Lorraine Ahearns, the David Finkelhors, the Kathleen Coulborn Fallers, the H.W. Williamses, the Elisabeth Porter-Hurds and the Michele L. Zimmermans, “Have you changed your mind?”

Well, yes, I do. But do they ever tire of insisting they haven’t?

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.