Nov. 28, 2012

“There is nothing that makes us feel so good as the idea that someone else is an evil-doer.”

– Robert Lynd, Irish essayist  (1879-1949)

The average Edentonian may have been too fearful and confused to feel good about demonizing the Edenton Seven – ah, but what a rush it must have given the cocksure therapists and prosecutors!

March 13, 2013

In researching his master’s thesis, “Modern Witch Hunts: How Media Have Mishandled Ritual Child-Sex-Abuse Cases,” UNC Chapel Hill journalism student David O. Loomis focused on the inadequate coverage provided by the weekly Chowan Herald in Edenton.

“North Carolina law,” Loomis acknowledged, “prohibits official disclosure of information about ongoing criminal investigations. Under the circumstances, gathering information about questionable interrogations conducted in therapy sessions would be a difficult and complex undertaking for a small reporting staff on a tight budget….”

The comments he elicited from Jack D. Grove, former managing editor of the Herald, reflect the challenge stories such as Little Rascals present tiny newsrooms – and the severely limited guidance they are able to make available to readers in forming opinions:

On his journalistic experience: “I was never a professional reporter.”

On being almost three months behind the Elizabeth City Advance in starting to cover the story: “In a small town like Edenton, reputations are at stake. Reputations are everything in a small town.”

On relations with prosecutors and police: “The district attorney became our prime source…. I didn’t ask questions of the Police Department at all, because I knew what the answers were going to be…. I did ask Brenda Toppin, who I did not know was lead investigator, but I got an uncharacteristic cold shoulder. She said, ‘I can’t comment on an ongoing investigation.’ That was interesting.”

On the newsroom budget: “I could only make long-distance calls when the boss would let me. He never refused. But he had to approve.”

 On outside pressure: “I was approached by several influential businessmen who clouded up and rained all over me for putting a (Little Rascals) story on the back page. I said, ‘Go tell Pete Manning (the publisher), don’t tell me.’ These businessmen, almost all parents of Little Rascals children, went into a closed-door meeting with Pete. We never again had a story anywhere but on the front page after that.”

Courtesy of David Loomis, “Modern Witch Hunts” is now available on the Bookshelf of case materials on this website.

Nov. 30, 2011

“You have to start with the matter of probability. What every one of these (day care sex abuse) cases has in common is that no adult observer has actually seen a molestation in progress.

“Supposedly, these abuses are going on continually over a period of months. Almost always, they supposedly involve a number of adults and many children, with outsiders constantly walking in and out of these centers. Yet we have no corroborating eyewitnesses. None….

“Throughout it all, these children somehow always come home in the right shoes and socks and underpants. Do you have kids? Do you realize how hard it is to dress two kids in a hurry without some kind of mix-up, let alone 10 or 12 or 20 kids?”

– Dr. Richard A. Gardner, clinical professor of psychiatry at Columbia University, quoted in Playboy magazine (June 1992)

Feb. 15, 2016

“(NYU law professor Rachel) Barkow points to Scalia’s (1990) dissent in Maryland v. Craig, where he railed against the court for permitting ‘a child witness to testify via closed circuit television in a sex abuse case,’ instead of requiring the child to testify live in the courtroom where she would be subjected to cross-examination by the defense.

“The Constitution, Scalia wrote, does not authorize judges to ‘conduct a cost-benefit analysis of clear and explicit constitutional guarantees, and then to adjust their meaning to comport with our findings.’ ”

– From “Antonin Scalia’s Other Legacy: He was often a friend of criminal defendants” by Robert Smith at Slate (Feb. 15)

Scalia’s ferocious dissent in Craig in defense of the Sixth Amendment’s “confrontation clause” featured this jugular-seeking missile:

“Because of (the court majority’s) subordination of explicit constitutional text to currently favored public policy, the following scene can be played out in an American courtroom for the first time in two centuries:

“A father whose young daughter has been given over to the exclusive custody of his estranged wife, or a mother whose young son has been taken into custody by the State’s child welfare department, is sentenced to prison for sexual abuse on the basis of testimony by a child the parent has not seen or spoken to for many months, and the guilty verdict is rendered without giving the parent so much as the opportunity to sit in the presence of the child, and to ask, personally or through counsel, ‘It is really not true, is it, that I – your father (or mother) whom you see before you – did these terrible things?’

“Perhaps that is a procedure today’s society desires; perhaps (though I doubt it) it is even a fair procedure; but it is assuredly not a procedure permitted by the Constitution….”

Further on, Scalia cited a 1983 prosecution in Jordan, Minn., that may have been first of the “satanic ritual abuse” wave.

“As children continued to be interviewed,” he wrote, “the list of accused citizens grew….There is no doubt that some sexual abuse took place in Jordan, but there is no reason to believe it was as widespread as charged….”