“[Shirley Ardell] Mason was the real person behind the 1970s best seller ‘Sybil,’ which sold 6 million copies with its riveting account of an abused woman inhabited by 16 different personalities. Sally Field won an Emmy for her 1976 portrayal seen by 20 percent of the nation.

“In the process, Mason popularized the condition known as multiple personality disorder – a trendy 1970s diagnosis. The number of cases mushroomed from about 75 to 40,000 after ‘Sybil’ was published….

“In the trove of records kept on her case, Mason actually admitted making up the many personalities.

“ ‘I do not really have any multiple personalities,’ she wrote in a letter to her psychiatrist. ‘I do not even have a “double.” … I am all of them. I have been lying in my pretense of them.’

“Her doctor chalked it up to a defensive ploy to avoid deeper therapy….”

–  From “The Minnesotan behind Sybil, one of America’s most famous psychiatric patients”
by Curt Brown in the Minneapolis Star Tribune (Feb. 25)

March 8, 2013

“Over 15 years ago, a number of children were sexually abused while attending three different day care centers sponsored by military services…

“This is the fourth follow-up interview with parents of 42 (of those) children….

“(In 1984 children at West Point day care) reported that the perpetrators wore masks and black robes. Pencils and fingers penetrated vaginas and rectums. Children were threatened with harm to themselves and their parents if they told that they witnessed the abuse of other children….

“After extensive investigation, the federal prosecutor declined to bring the case to trial due to the young ages of the children and the fragility of their memories….

“One lingering source of distress for the parents was that two of the criminal cases (Presidio and West Point) fell apart. It seemed to them as if reporting the abuse did not matter. This also added to the mystery of conspiracy that surrounded these two cases….”

– From “Children’s Adjustment 15 Years After Daycare Abuse” by Ann Wolbert Burgess and Carol R. Hartman (Journal of Forensic Nursing, Summer 2005)

Although Burgess’s career-making wrongheadedness isn’t news, I was still surprised to find her clinging to the ritual abuse hoax as recently as 2005. Prosecutors’ cases “fell apart”? – must be a “conspiracy”!

But it was Burgess, after all, whose conclusion that children in the West Point case had been ritually abused (with the obligatory “masks and black robes”) compelled the government to settle a civil suit by parents for $2.7 million. To acknowledge her error would require quite an “Oops!” wouldn’t it?

Footnote: I’ve got a previous commitment, but if you’re in Nashua, N.H., today, you can see Burgess honored by the American Psychiatric Nurses Association.

July 26, 2013

Rereading appellate defender Mark Montgomery’s thunderously compelling brief on behalf of Bob Kelly always delivers something I had either passed over earlier or forgotten. This time it was that

“(Jimmy) and Nancy Smith also declined to have their son Judson evaluated by one of the four therapists who saw the other children. By the time of trial, both Mr. and Ms. Smith had been accused by several children as having participated in the abuse. (One of the child-witnesses) said of Nancy Smith, ‘She’s Miss Betsy’s sister, so she must be mean.’ ”

The Smiths’ close call highlights once again the terrible randomness of the Little Rascals prosecutors’ accusation process.

How challenging the prosecutors’ decision-making must have been: Which child-witness had been adequately manipulated, and which couldn’t be counted on to earnestly describe the sharks, the butcher knives and the dead babies? Which innocent adult was vulnerable, and which might strike jurors as just too unlikely a serial ritual-abuser?

Nancy Smith (Barrow) recalls today that “I had NO idea I had been accused until working with (defense attorneys) Mike Spivey and Jeff Miller for Bob’s trial.  I happened to read some notes from police interviews and saw my name more than once….

“No member of my family – mother, father, Laura, Leslie, or Judson – was ever interviewed by police or prosecutors.  Jimmy and I talked with Brenda Toppin one afternoon in her office.  She only wanted to know about the state of Bob and Betsy’s marriage.”

May 23, 2012

Experienced trial lawyers can’t afford to dwell on lost cases. Sometimes that’s quite a challenge:

“Robert Fulton Kelly…. was the most innocent man I have ever defended and the most victimized criminal defendant in the state’s history. He taught me that under certain circumstances madness can rule the day and overcome everything that is right and just.”

– Gerald Beaver (North Carolina Lawyers Weekly, 2010)