July 12, 2013

“Some professionals take the charges (of satanic ritual abuse) seriously. ‘It’s hard to believe, but so were the reports about Nazi atrocities,’ says Bennett Braun, director of the Dissociative Disorder Program at Chicago’s Rush-Presbyterian-St. Luke’s Medical Center. ‘Then we found the concentration camps.’

“Skeptics are still waiting for the equivalent to a concentration camp to be found. No investigation has ever turned up so much as a bloodstain that could be traced with certainty to these bizarre activities.

“What’s indisputable is the existence of a busy network of therapists specializing in SRA. ‘These allegations are produced by the unrelenting pressure of the therapist,’ says Richard Ofshe, a professor of sociology at the University of California, Berkeley, who studies cults and thought control. ‘You will eventually come up with bizarre stuff because you run out of all the ordinary stuff.’ ”

– From “Rush to Judgment” in Newsweek (April 19, 1993)

As Newsweek’s secondary headline noted, “America is now at war against child abuse. But some recent cases suggest we may be pushing too hard, too fast.” Among the prosecutions criticized was Little Rascals, but by this time both Bob Kelly and Dawn Wilson had been convicted and imprisoned.

Unlike so many others who fomented the ritual abuse/repressed memory/multiple personality mania, psychiatrist Braun actually suffered consequences: He lost his medical license for two years and was among the defendants in a malpractice suit ultimately settled for $7.5 million. He now practices in Butte, Montana.

Aug. 3, 2012

“Betty Ann Phillips, who had worked at the day care center, said (in the first episode of “Innocence Lost’) that she had complained to (District Attorney H.P.) Williams when she found out that indictments had been filed in her child’s name.

“She said Williams had advised her ‘not to go out on the street and say you’re unhappy with what we have done.’

“‘And then in the next sentence he said, “Because you know that all of the children are saying that you were the lookout while this was going on.”’

“In a telephone interview, Williams did not dispute that he had told Mrs. Phillips he had evidence from other children that she had acted as a lookout, but… if he made such a statement to her it was not meant as a threat.”

– The Associated Press, May 9, 1991

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….”

Aug. 16, 2015

“In 1689, the English Bill of Rights outlawed the widespread practice of keeping defendants in jail by setting deliberately unaffordable bail, declaring that ‘excessive bail shall not be required, nor excessive fines imposed.’ The same language was adopted word for word a century later in the Eighth Amendment to the United States Constitution.

“But as bail has evolved in America, it has become less and less a tool for keeping people out of jail, and more and more a trap door for those who cannot afford to pay it….

“Across the criminal-justice system, bail acts as a tool of compulsion, forcing people who would not otherwise plead guilty to do so….”

– From “The Bail Trap” by Nick Pinto in the New York Times (Aug. 13)

Could there be a more bare-faced example of “excessive bail” than that set for the Edenton Seven?

• Bob Kelly, $1.5 million (later reduced to $200,000 – after his conviction was overturned – then $50,000 )
• Betsy Kelly, $1.8 million (reduced to $400,000)
• Scott Privott, $1 million (reduced to $50,000)
• Shelley Stone, $375,000
• Dawn Wilson, $880,000 (reduced to $200,000)
• Robin Byrum, $500,000 (reduced to $200,000)
• Darlene Harris, $350,000

Did prosecutors fear that the defendants would flee to Argentina? That they would prowl the town’s playgrounds in search of new victims? No, these absurd amounts surely had no purpose but to coerce confessions. How shocked and disappointed they must have been that not one of the defendants, though crushed financially, succumbed.