Sept. 16, 2013

“The prosecution-minded are careful to say that they do not believe everything a child says. For example, they do not believe 3-year-old Virginia’s statement that ‘Karen was cooked in a microwave.’

“But they do believe her when she says, ‘I helped my teacher put a playhandle in Karen’s heinie’ – even though one 3-year-old sodomizing another with a ‘playhandle’ an inch or 2 wide and not causing bleeding from a torn rectum is as unbelievable as cooking a child in a microwave.

“Accepting half a child’s statement and rejecting the other (death by microwave) is capricious: The truth is not a smorgasbord from which we can choose the facts we fancy and leave behind those we do not.”

– From “Magical Child Molestation Trials: Edenton’s Children Accuse” by Margaret Leong (1993)

Sept. 13, 2013

“I am urging you to treat Elizabeth Kelly as you would treat anyone else with the same case file.  I am asking you to demonstrate that we are all ‘equal under the law.’  Any other inmate with the same sentence and clean record would have been eligible for parole the minute she walked through the gates of the prison…. I am appealing to you not to withhold that which she would otherwise likely receive — minus her publicity, minus the rhetoric of politicians.  I am imploring you not to deal more strictly with her than with others simply because she is Elizabeth Kelly.”

– From a letter to the North Carolina Parole Commission by Jane W. Duffield of Raleigh  (April 5, 1994)

The Parole Commission proved unable or unwilling to consider Betsy Kelly’s case “minus her publicity, minus the rhetoric of politicians.” Bill Hart, vengeful over her unwavering insistence that she was innocent, reneged on a plea agreement not to contest her release, and the Parole Commission obediently sent her back for seven more months of wrongful imprisonment.

Sept. 11, 2013

“Why did the epidemic of day care hysteria happen just when and where it did? Why in 1982? Why in the United States?…. You can’t have a panic about day care centers unless you have day care centers. These had become a necessary fixture of American life as more mothers entered the work force, families traveled far distances to chase available jobs and there were fewer available grandmothers to help babysit. Undoubtedly parental guilt in turning over parental responsibility played a role.

“Among therapists, there was concern over previously not taking seriously enough the statements of kids who had actually experienced sexual abuse. There were also too many therapists with too little expertise who were able nonetheless to self-promote and gain authority as fake ‘experts.’ This sad episode is the clearest caution imaginable to any therapist feeling the impulse to jump onto a current or future fad bandwagon.”

– From “Saving Normal: An Insider’s Revolt Against Out-of-Control Psychiatric Diagnosis, DSM-5, Big Pharma, and the Medicalization of Ordinary Life” by Allen Frances (2013)

Despite Dr. Frances’s timidity in exposing the “complete bunk” of multiple personality disorder, his influence across psychiatry is undisputed. But will his words be sufficient to deter the next generation of overreaching therapists from jumping onto the “fad bandwagon”?

Sept. 9, 2013

“According to court records, one of the state-recommended therapists, Judith Abbott, showed a five-year-old girl drawings of satanic symbols (a horned mask, inverted crosses and a peace symbol described on the drawing as the ‘Cross of Nero’) in an effort to uncover instances of devil worship. ‘Mr. Bob’ was wearing one of those, the child said, according to a note Abbott wrote on the drawing of the mask.

“The same child had begun her therapy complaining that Mr. Bob gave hard spankings; after biweekly sessions for six months she was ‘remembering,’ according to Abbott’s typed therapy notes, ‘oral penetration by a penis, vaginal penetration by a brown felt-tipped pen and witnessing the murder of human babies.’

“Abbott explains the delay in eliciting this material by saying that the children had been terrified into silence. ‘When you break down the child, you own their spirit.’ she says. ‘It’s like Helter Skelter, Charles Manson.’ ”

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

A proven effective way to “break down the child”: Subject her to six months of Abbott’s biweekly “therapy” sessions.

Sept. 6, 2013

“The day-care trials couldn’t have happened without the active participation of social workers and therapists.  Police authorities relied on the therapists to interpret what the child witnesses were saying, to interview the children and to counsel them about their alleged experiences. One might suppose that the realization that:

• People have been sent to prison for years for crimes that never happened;
• Children had been abused, not by the accused, but by misguided therapists who implanted false memories;

would have created a huge mea culpa among the professionals involved.  This hasn’t happened.

“Some have defended their actions, if not the results, on the basis that their hearts were in the right place.  Some have excused themselves on the basis that nobody knew any better – that, by golly, nobody could have guessed that rewarding children for making accusations, and questioning them until they did make accusations, might just lead to false accusations.

“And they speak, in self-pitying tones, about the ‘backlash’ – the (presumably) undeserved and irrational criticism that is flung their way.”

– From  “The ‘Ritual Abuse’ Panic” at Imaginary Crimes

Mum’s still the word from the prosecution therapists in the Little Rascals case, except for Judy Abbott’s resentful response to the “backlash.”

Sept. 4, 2013

In her appreciative review of “The Hunt,” the new Danish movie about a kindergarten teacher wrongfully accused of child sexual abuse, Betsy Sharkey of the Los Angeles Times writes:

“If you were in Los Angeles in the 1980s, it is impossible not to be reminded of the McMartin preschool case that dominated headlines for nearly a decade and still remains a question mark in so many minds.”

Linking “The Hunt” to the day-care ritual abuse panic is certainly apt – but in whose minds does McMartin “remain…. a question mark”?

In the mind of law professor John E.B. Myers, perhaps. But what credible social scientist today will argue that cases such as McMartin and Little Rascals were grounded in anything but therapist-created fiction?

Sept. 2, 2013

“That power (of clemency), which the Constitution explicitly grants to the president, has always served as an indispensable check on the injustices of the legal system and as a means of demonstrating forgiveness where it is called for. It was once used freely; presidents issued more than 10,000 grants of clemency between 1885 and 1930 alone. But mercy is a four-letter word in an era when politicians have competed to see who can be toughest on crime….

“Meanwhile, President Obama’s use of the pardon power remains historically low. In four and a half years, he has received almost 10,000 applications for clemency and has granted just 39 pardons and one sentence commutation. No one seems to know why some requests are granted and others denied….”

– From “Pardon Rates Remain Low,” editorial in the New York Times (Aug. 21, 2013

Pardons have become scarce in North Carolina as well. In her last week as governor, Bev Perdue pardoned the Wilmington 10, but not the Edenton Seven – or anyone else, for that matter.

Perdue left office without commenting on the dozens of clemency applications still on her desk.  (Her willingness to forgive contrasts with that of previous governors, most dramatically Charles Brantley Aycock, who between 1901 and 1905 granted no fewer than 369 pardons.)

Among those applications Perdue didn’t address was Junior Chandler’s.

Now there’s a new governor, and Junior’s brother Billy tells me a renewed effort is being made to obtain clemency. Even if Junior were guilty – which he obviously isn’t – shouldn’t 26 years behind bars be punishment enough?

Aug. 30, 2013

“The Edenton case is not just a horrifying aberration. Adults across the country are suddenly ‘remembering’ that they were abused as children, and filing civil lawsuits and criminal charges against aged parents…

“Claims of long-ago child abuse, ‘blocked out’ from memory until now, have become a common defense tactic. Unscrupulous ‘therapists’ and sensationalist writers feed the frenzy.

“Anything goes against accused abusers, especially the right to a fair trial.”

– From an editorial in the Arkansas Times (Aug. 5, 1993)

Aug. 28, 2013

“It’s not by chance that day care centers are the sites of magical molestation, and not public schools with their powerful lobbies and unions…. Those primary and secondary school teachers’ organizations provide protection and security for their members, much as the AMA protects doctors and the ABA protects lawyers.

“It’s only you – a day care teacher – who has no protection at all. If hysterical parents gang up and attack you, you are as helpless as a clay pigeon in a shooting gallery.”

– From “Magical Child Molestation Trials: Edenton’s Children Accuse” by Margaret Leong (1993)

Aug. 26, 2013

“Attorney General Roy Cooper stopped far short of apologizing to (Greg Taylor and Floyd Brown). He said that the SBI had better investigative practices now and that ‘It was in the best interest of the state to settle these cases.’

“And maybe in the best interest of justice, too?

“These two men lost their youths thanks to agents of the SBI. That is an outrage for which they can never be adequately compensated. State officials have been encouraged to offer profuse apologies, and that is not unreasonable, though it’s a little late for it now….

“But let no one involved in prosecuting these two men believe that the debt for their ‘mistakes’ is paid in full.”

– From “Two former prisoners’ lives, valued,” editorial in the News & Observer (Aug. 15, 2013)

As compensation for their flagrantly corrupted prosecution, Taylor received about $4.5 million from the state, Brown about $8 million. Attorney General Cooper seems to find such an outlay easier to swallow than offering an apology – providing yet another example of the “Mistakes Were Made (But Not By Me)” approach to accountability.

By contrast, in 2007 the Duke lacrosse case moved Cooper to give the defendants a “statement of innocence” and to at least brush up against remorse:

“In the rush to condemn, a community and a state lost the ability to see clearly…. I think a lot of people owe a lot of apologies to a lot of people.”

But in 2009, after yet another wrongful conviction settlement – this one for $3.9 million – Cooper declined to give murder defendant Alan Gell a statement of innocence. ”The Duke case was a clear case, very unusual,” he explained. “There was no crime committed….”

“No crime committed”? Why, I know another “clear case, very unusual” that precisely meets that standard!