Jan. 31, 2015

“ ‘You need to try to rectify whatever error you made,’ says Santa Clara County, California, Special Assistant District Attorney David Angel. ‘But it needs to really shift from this kind of highly moralistic, punitive view. Maybe it’s a cause for embarrassment, but it’s not a cause for shame.’

“He believes prosecutors have drawn the short straw in language, noting that defense attorneys who err are called ‘ineffective’ and judges are ‘reversed,’ while prosecutorial error alone is labeled ‘misconduct,’ with all the attendant negative connotations.

“Angel believes that most prosecutors are willing to admit to mistakes but that ‘people are very hesitant to admit to something that’s called “misconduct,” because it makes you feel like you did something morally wrong.’ ”

– From “Why can’t law enforcement admit their mistakes?” by Sue Russell at Pacific Standard (via Salon, Oct. 21, 2012)

The concept becomes trickier, however, the longer prosecutors cling to their fallacious and costly narratives. At some point – oh, let’s say 25 years later – might “mistakes” have toxified into “misconduct”?

Jan. 16, 2012

Darkness to Light is a Charleston-based nonprofit with the goal “End Child Abuse.” Since its founding in 2000, D2L claims to have trained adults in 48 states and 10 foreign countries in how to prevent, recognize and react to child sexual abuse. Among its allies: YMCAs.

Unfortunately, D2L is less than meticulous in associating itself with other organizations. This is a letter I sent D2L officials on Dec. 5:

Darkness to Light does a disservice to the public and to your cause when you include on your list of resources the Survivorship website.

Survivorship’s board president is Neil Brick, who identifies himself as “the founder of S.M.A.R.T. (Stop Mind Control and Ritual Abuse Today) at http://ritualabuse.us. He is a survivor of ritual abuse and a survivor advocate. He works on developing supports for survivors and getting information out to the general public about ritual abuse. He runs yearly ritual abuse conferences on the east coast of the United States every year at http://ritualabuse.us/smart-conference. Links to his presentation transcripts and research papers are http://ritualabuse.us/smart/neil-brick.”

S.M.A.R.T. is perhaps the most prominent organization still insisting that numerous day-care providers in the 1980s and early 1990s subjected children to “satanic ritual abuse.” Although the day-care panic eventually waned and courts freed nearly all the unfortunate defendants, S.M.A.R.T. continues to see abuse in every one of these cases – from McMartin to Little Rascals to Fells Acres, etc.

Like Scientologists and Holocaust deniers, S.M.A.R.T. has been banned from editing Wikipedia entries. Neither should its disinformation campaign be given a platform by Darkness to Light.

Darkness to Light has yet to respond to that letter or to a Dec. 30 follow-up soliciting “a statement explaining why you continue to support this organization.”  I’d be happy to publish such an explanation, but even happier to learn that D2L has cut its ties to the ritual abuse movement.

March 5, 2012

“DURHAM — Tracey Cline could not admit she was wrong….”

Thus begins J. Andrew Curliss’s latest behavioral analysis of Durham County’s latest disgraced district attorney.

Coincidentally, Curliss cites a book I’ve been reading to better understand the rigidly wrongheaded behavior of the Little Rascals prosecutors.

“Carol Tavris, a Los Angeles social psychologist who has researched and written about the behavior and decision-making of prosecutors, said studies show the human brain, when sorting out conflicting beliefs and actions, will engage in a powerful act known as ‘self-justification.’

“It can keep people from admitting they are wrong and can be more powerful and more dangerous than an explicit lie, she said in an interview and in a 2007 book she co-authored, ‘Mistakes Were Made (But Not By Me)’…

“Self-justification is especially concerning in the justice system, Tavris said, because authorities often view themselves as ‘good guys’ doing the ‘right thing’….

“ ‘It’s really, really, really hard to face the reality that you screwed up,’ she said. ‘When we have a view of ourselves as good, competent, ethical, honest people and we are now confronted with evidence that we did something that was incompetent, unethical, immoral or harmful, we have two choices. We can ’fess up – say, “Oh, my God, look at this evidence, what did I do? How can I make amends?” – or, we deny.’ ”

Here’s a recent public ’fessing up that could be a model for errant prosecutors: “I want to express my sincere regret and apology…. It was a terrible mistake, and we knew it was wrong while we were doing it. Instead of getting caught up in it, I should have stopped it.”

Alas, it comes not from Cline – or from H. P. Williams Jr., Bill Hart or Nancy Lamb – but from the NFL coach who oversaw the “bounty” system for disabling opposing players.

Jan. 31, 2012

Expert vouching.

That odd little legalism is the crucial issue in Junior Chandler’s latest – and perhaps last – shot at justice. Durham attorney Mark Montgomery has just filed an appeal on Junior’s behalf in the N.C. Supreme Court.

In Junior’s 1987 trial in Buncombe County, the prosecution ran out no fewer than six expert witnesses, including three pediatricians.

Each expert testified that Junior’s alleged victims had in fact been sexually abused “as they described” – but none could cite definitive physical evidence on which they based their validation.

In the years since, higher courts have seen the reversible error of those ways. Expert vouching is now inadmissible in the absence of physical evidence “diagnostic of” – not just “consistent with” – sexual abuse.

The case against Junior was weak and weird on all fronts. No credible eyewitnesses or physical evidence. No storyline that made a lick of sense. (Although prosecutor Bill Hart must have liked the kidnapping-and-boat-ride scenario – he called on it again four years later in the Little Rascals trial.)

Only four children testified against Junior, accounting for less than 2 percent of the 1,407-page trial transcript. Some claimed to have been abused by… Pinocchio. And jurors never heard from those children on Junior’s bus who denied seeing abuse.

Just how important was expert vouching in imposing Junior’s two consecutive life sentences?

On all charges supported by expert vouching the jury found him guilty. On all charges not supported by expert vouching it found him not guilty.