Oct. 9, 2013

“We are a society that, every 50 years or so, is afflicted by some paroxysm of virtue – an orgy of self-cleansing through which evil of one kind or another is cast out.   From the witch-hunts of  Salem to the communist hunts of the McCarthy era to the current shrill fixation on child abuse, there runs a common thread of moral hysteria.

“After the McCarthy era, people would ask: But how could it have happened?  How could the presumption of innocence have been abandoned wholesale? How did large and powerful institutions acquiesce as congressional investigators ran roughshod over civil liberties – all in the name of a war on communists?  How was it possible to believe that subversives lurked behind every library door, in every radio station, that every two-bit actor who had belonged to the wrong political organization posed a threat to the nation’s security?

“Years from now people doubtless will ask the same questions about our present era – a time when the most improbable charges of abuse find believers; when it is enough only to be accused by anonymous sources to be hauled off by investigators; a time when the hunt for child abusers has become a national pathology.”

– From “From the Mouths of Babes to a Jail Cell” by Dorothy Rabinowitz (Harper’s Magazine, May 1990)

Oct. 4, 2013

“The essence of counterknowledge is that it purports to be knowledge but is not knowledge. Its claims can be shown to be untrue, either because there are facts that contradict them or because there is no evidence to support them. It misrepresents reality (deliberately or otherwise) by presenting non-facts as facts….

“The media were pushing the circulation of counterknowledge long before the public hooked up to broadband. Consider, for example, the satanic ritual abuse scare….”

– From “Counterknowledge: How we surrendered to conspiracy theories, quack medicine, bogus science and fake history” by Damian Thompson (2008)

Oct. 2, 2013

“…It’s understandable that this week’s conviction of former day-care center owner Robert Fulton Kelly Jr. in Farmville, N.C., is being hailed as a breakthrough…. The conviction  increases public awareness of child abuse, serves notice that children should be taken seriously when they show signs of abuse, and calls attention to improved methods of handling such prosecutions.

“Since another long and costly child abuse case at a California day-care center nearly a decade ago that ended less conclusively than the one in North Carolina, prosecutors have learned much. They have learned how to question children without prompting them, have developed better investigative methods, and have improved the coordination between different agencies.

“But that’s not enough. Parents need to be more alert to detecting possible child abuse and more careful about picking safe, responsible day care centers. Despite this week’s conviction… it would be wrong and unfair to conclude that many day-care workers are degenerates.”

– From “How to Guard Against Child Abuse” in the Deseret News of Salt Lake City (April 25 1992)

During the era of day-care ritual-abuse allegations, most newspaper editorials managed to maintain at least a modicum of skepticism. Not this one – unless you count the Deseret News’ acknowledging a modicum of doubt “that many day-care workers are degenerates.”

Sept. 30, 2013

Death noted: District Attorney Frank Parrish, 64, who succeeded H. P. Williams Jr. in prosecuting the Edenton Seven.

By the time Parrish took office in 1994, Little Rascals had become almost entirely a Nancy Lamb production. Whatever Parrish actually believed, the prosecutors’ code demanded that he continue to insist that the case was concrete-solid.

But as a growing body of scientific evidence called into question the testimony of child witnesses in ritual-abuse cases, Parrish had to decide how to respond to the overturning of the convictions of Bob Kelly and Dawn Wilson. “I’ve gotten an awful lot of guidance, none of it solicited,” he told the Charlotte Observer. “(Research) does not play a part, nor should it. That’s as if because there’s research about the unreliability of eyewitnesses, I should dismiss or not retry an armed robber.”

By 1997 Parrish and Lamb could no longer delay dropping the last Little Rascals charges. And who now might succeed Parrish as district attorney? Unfortunately, you won’t be surprised.

Sept. 27, 2013

“The children are the big victims (in unfounded sex abuse cases) and are sacrificed….  Can you imagine being a child and being interrogated, being sent to the gynecologist, seeing your mother cry, seeing your father getting into fights, or a person you really like being sent to prison? You actually end up believing that this happened to you, that’s what we called ‘added memory.’

“Those children grow up with the same memories as those who actually experienced child abuse. I found it disturbing and I felt that it had to be told.”

– From an interview with Thomas Vinterberg, director of “The Hunt,” at filmophelia.com (July 11, 2013)

Vinterberg’s sympathy for the children in such cases is well placed – but do they in fact “grow up with the same memories as those who actually experienced child abuse”?

Although reliable follow-up is scarce,  Debra Poole, professor of psychology at Central Michigan University, had this to say about the unfounded claims of child witnesses in the Fells Acres (Amirault) case:

“It has nothing to do with lying and everything to do with the implanting of false memories…. Studies have shown that children will vehemently defend the veracity of implanted memories. They recall reporting them, and those reports produce mental images of the events that these individuals cannot distinguish from their real experiences. But the kids are not responsible for that. The interviews are.”

The Little Rascals child witness I talked with insists she continues to “remember vividly what happened.”

Sept. 25, 2013

“Peer group pressure… is a factor that should be considered when there is an allegation of sexual abuse involving multiple victims. Children in Edenton who never attended the day care, but who had peers who attended, claimed to have been abused at the day care.

“During her testimony for the defense, Dr. Maggie Bruck described a scientific study in which two actors went into a classroom of 28 children to give a talk. During the talk one of the actors knocked a large birthday cake off a piano. Seven children had been removed from the room and did not observe the event. Later when the children were interviewed six of the seven children who had not been present not only claimed to have been there but described the event as if they had been present.”

– From “Evidence Issues and ‘Lessons’ from State v. Kelly: Litigation of Allegations of Child Sexual Abuse” by Jeffrey L. Miller and W. Michael Spivey, presented at the 6th annual North Carolina Criminal Evidence Seminar, UNC School of Law (April 16, 1993)

Sept. 23, 2013

There’s a bit of an update out of Raleigh on Junior Chandler’s prospects for clemency.

Billy Chandler, Junior’s brother, received this email last week from Pat Hansen in the Governor’s Clemency Office:

“Attorney Mark Montgomery filed a commutation request with this office at the end of Governor Perdue’s term in office.  However, due to the volume of requests received, the request was not ‘officially reopened.’  Currently, we are working on all of the cases held over from the Perdue Administration.  Unfortunately, I cannot tell you when your brother’s case will be reviewed.”

In North Carolina the governor’s clemency power covers both pardons and commutations. Here’s the stated distinction:

“Commutation – whereby an individual presently incarcerated and serving an active sentence has their sentence commuted or reduced by any number of years, months, or days, or to make parole eligible, or to time served which would release the individual immediately.

“Pardon – may be granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence for a criminal offense.  Ordinarily, an applicant must wait to apply until at least five years have elapsed since the applicant was released from State supervision (including probation or parole).  A Pardon is merely an official statement attached to the criminal record that states that the State of North Carolina has pardoned the crime. A Pardon does not expunge or erase a criminal record….”

As much as the facts of Junior’s case call for a pardon, a commutation seems not quite as steep a challenge. However great “the volume of requests received,” Junior Chandler’s surely deserves to be at the top of the stack.

Sept. 18, 2013

“Joseph B. Cheshire V, Betsy Kelly’s attorney, says the believers in town remain so hostile to the heretics who profess any disbelief over the charges that he no longer feels comfortable vacationing at nearby Nags Head. ‘Good,’ says one prominent Little Rascals father. ‘I almost killed myself last summer running that extra distance past his house, just so he’d know that I knew he was there.’ ”

– From “The Demons of Edenton” by Lisa Scheer and Edward Cone in Elle magazine (November 1993) Download article here

“During (the Little Rascals case), Cheshire was the victim of assaults and for a time wore a bullet-proof vest.”

– From “Nationally known criminal defense attorney Joe Cheshire (’73) talks about his colorful career” by John Trump at Wake Forest University School of Law (April 5, 2010)