THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Tuesday, December 20, 1994 TAG: 9412200333
SECTION: LOCAL PAGE: B3 EDITION: NORTH CAROLINA
SOURCE: ASSOCIATED PRESS
DATELINE: WINDSOR LENGTH: Short : 50 lines
One of three remaining defendants in the Little Rascals child sex abuse case is complaining that the five years she's waited for a trial is too long. Prosecutors say there's been no undue delay.
The issue is to be hashed out today during a hearing in Bertie County Superior Court.
Shelley Alyce Stone was charged more than five years ago with 14 counts of sexual abuse involving nine children who attended Little Rascals Day Care Center in Edenton, where she was an employee.
In a motion filed last month, her attorney asked that the charges be dismissed because of unreasonable delays in bringing her to trial. She was arrested Sept. 26, 1989.
``The delay in bringing the defendant to trial is not due to the willfulness or neglect of the prosecution,'' Bill Hart, a special deputy attorney general, said in a response filed last week.
Reasons for the delay include a lack of prosecutors to handle parallel prosecutions, a lack of judges to hear the cases and delays caused by Stone's attorney - state Rep. Frank Ballance of Warrenton - having to attend sessions of the legislature.
On Sept. 2, 1992, Hart said in the response, Stone told the judge she was willing to wait another year to go to trial so Ballance could represent her.
The file on her case is filled with correspondence between Hart and Ballance. In most of the letters, Hart is pushing to bring the case to court and Ballance gives reasons he can't proceed.
Hart wrote the first letter in 1992 after Bob Kelly, who owned the day care center with his wife, Betsy, was convicted on 99 counts of sexual abuse involving 12 children and sentenced to 12 consecutive life terms. Hart wrote that Stone would be wise to enter a plea agreement.
The next defendant tried was Dawn Wilson, a day care worker who was convicted in 1993 and sentenced to life in prison.
In February 1993, Hart wrote Ballance to say the jurors in the second trial didn't believe Stone when she testified for Wilson.
In January, Betsy Kelly pleaded no contest. Scott Privott, a friend of Kelly's, pleaded no contest in June.
The other two remaining defendants are Robin Byrum and Darlene Harris.
KEYWORDS: SEX ABUSE CHILD ABUSE LITTLE RASCALS DAY CARE CENTER by CNB