Appeals Court Overturns Two Convictions in Child-Abuse Case

An appeals court Tuesday overturned the convictions of two people accused of molesting children at the Little Rascals Day Care Center, ordering new trials because of numerous errors the first time around.

The state appeals court ruled unanimously that testimony by parents of alleged victims in Robert Kelly Jr.’s trial was inadmissible.

In the case of Kathryn Dawn Wilson, a cook at the now-closed center, the court ruled that the prosecutor made “gross improprieties” in closing arguments by referring to witnesses who weren’t allowed to testify about allegations that she stole money from a friend.

The prosecutor also improperly put therapists’ notes into evidence during closing arguments, the court said.

Kelly, who co-owned the center with his wife, was convicted in April, 1992, on 99 counts of sexually abusing 12 children there. He was sentenced to 12 consecutive life terms.

Wilson was convicted in 1993 on five counts of sexual abuse and sentenced to life in prison. She was placed under house arrest while she appealed the conviction.

Atty. Gen. Mike Easley said he will appeal the ruling to the state Supreme Court.

“The decision casts no doubt on the credibility of the children or the integrity of the investigation,” Easley said. “It is based only on legal technicalities.”

In Kelly’s case, the appeals court said, parents improperly testified about their children’s behavior resulting from sexual abuse. Such explanations are admissible only from expert witnesses, the court said.

Easley said the parents’ testimony was corroborated by expert witnesses.

In Wilson’s case, the appeals court said the judge improperly allowed cross-examination about her use of cocaine and marijuana. The testimony damaged her credibility in denying all the allegations, the court said.

Kelly’s wife, Elizabeth, pleaded no contest to 30 felonies and served 11 months before being released late last year. Both Kellys have maintained their innocence.