March 13, 2016

“Fran and Dan Keller have been released from a Texas prison after 21 years, yet still have little freedom of movement or circumstance, or even quality of life. Their 1992 conviction on multiple counts of ‘sexual assault of a minor’ – in the now notorious Fran’s Day Care case – has effectively been overturned by a 2015 Court of Criminal Appeals ruling ‘granting relief’ to the Kellers on a single question of retracted medical testimony. But the ruling was not accompanied by actual exoneration from the allegedly heinous crimes.

“Only a single appeals court judge – Cheryl Johnson – was willing to admit no crime had in fact occurred. ‘This was a witch hunt from the beginning,’ wrote Johnson, in her opinion concurring with the opaque ruling of the full court. Johnson would have granted relief on all the Kellers’ claims, and would have acknowledged that the entire prosecution had been an egregious folly.

“The limited ruling, while welcome in itself, left the Kellers in a legal limbo – permanently accused but not cleared…. required to somehow further demonstrate their innocence – of crimes that never happened….”

– From “Learning From Our Mistakes” by Michael King in the Austin Chronicle (March 11) (cached)

So who thwarts the hapless Kellers? Yes, yet another prosecutor who sets the bar for exoneration stratospherically high. Although District Attorney Rosemary Lehmberg (here’s why her name rings a bell) supported their release, she now finds herself unable to “find a path to innocence” without the deal-sealing exculpation of DNA evidence. Those darn imaginary criminals sure do clean up after themselves….

Feb. 3, 2016

“A new survey finds that adults at school, day care and organizations such as churches and scouting groups are less likely than relatives to abuse or mistreat children.

“In general, organizations that serve young people ‘do not look like particularly risky environments,’ said study co-author David Finkelhor, director of the University of New Hampshire’s Crimes Against Children Research Center. This contradicts perceptions by some people who ‘think these are magnets for molesters,’ he said.”

– From “Child Abuse at Daycare, Youth Groups Rarer Than Thought: Survey” by Randy Dotinga in the Northwest Indiana Times (Feb. 2)

Surprising to see Dr. Finkelhor dismiss the notion of day cares as “magnets for molesters,” given that his own overwrought “Nursery Crimes: Sexual Abuse in Day Care” (1988) was an influential text in spreading the moral panic.

How did he determine back then whether sexual abuse had actually occurred? “If at least one of the local investigating agencies had decided that abuse had occurred and that it had happened while the child was at a day-care facility….then we considered the case substantiated.” In other words, one supposed “red flag” sighting from Brenda Toppin was certification enough.

As recently as 2012, when I queried Dr. Finkelhor about his beliefs past and present,  he denied being “an authority on the validity of claims” that he had laid out with such credulity in “Nursery Crimes.”

Sept. 8, 2015

“Jennifer (a pseudonym) reached out to me after seeing an interview I gave about the McMartin Preschool trial…. She said she had been involved in a similar case as a child and that her experiences with the police, the judicial system, and a series of therapists mirrored those of the McMartin children. Now an adult with a career and family of her own, she agreed to speak with me about her experiences during the trial and in the decades since….

“Jennifer’s experiences illustrate the consequences of the misguided ‘belief’ in children that so many therapists, parents, and cops professed during the 1980s….”

– From “Moral Panic and the Myth of Recovered Memory” by Richard Beck at Literary Hub (Aug. 18) 

Although Beck presents more as a historian than a journalist, his interview with Jennifer is a significant addition to the sparse roster of recanting (or not) child-witnesses. Not surprisingly, her account offers numerous parallels not only to McMartin but also to Little Rascals:

• “lots of phone conversations and meetings” among parents
• an interviewer with “anatomically correct dolls”
• her initial insistence that “nothing had happened”
• “a tour of the jail” arranged by the therapist to assure her that the supposed molester was safely behind bars
• her capitulation in the face of endless therapy sessions, leading her to “finally just start… making stuff up.”
• the eventual overturning of her day-care teacher’s conviction

Might Jennifer’s coming forward, however tentatively, lead the way to more recantations by child-witnesses?

Aug. 8, 2012

Five reasons the Little Rascals Day Care case has never attracted the attention it deserves:

■ Overshadowed by McMartin case.

■ No racial angle.

■ Remote location.

■ No death penalty.

■ No DNA.

One reason the case has attracted as much attention as it has:

■ “Innocence Lost” on “Frontline.” Thanks again, Ofra Bikel.