May 21, 2012

Lee Coleman, a Berkeley, Calif.,  psychiatrist and co-author of “Has a Child Been Molested?” (2000), served as a consultant to the Little Rascals defense.

“When I examined the terrible interviewing methods,” he recalls, “it quickly became obvious that (Little Rascals) was like the McMartin and Kelly Michaels cases: a complete fabrication.”

How does Dr. Coleman account for therapists’ and prosecutors’ “unwillingness to see what was in front of their faces”?

“[(McMartin therapist) Kee MacFarlane became a national figure by claiming to know how to talk to kids to help them describe abuse. There followed a cadre of young, bushy-tailed professionals who saw themselves as the good guys of a movement. They were glamorous and self-righteous, and they had nothing left to think with. What if a child hadn’t been molested? They never thought about it….

“Then they led meetings across the country, where they taught their system to others, who applied it locally…”

Dr. Coleman’s characterization captures precisely the origin of the Little Rascals allegations, in which a seminar led by “sex rings” alarmist Ann Burgess attracted prosecutor H.P. Williams, therapist Judy Abbott and police dispatcher Brenda Toppin.

May 16, 2012

“The researcher-therapist gap came to public attention because of three psychological epidemics, which spread like wildfire during the 1980s and ’90s: recovered memory, multiple-personality disorder and sex-abuse allegations at day-care centers. Each phenomenon was supported by clinical opinion; each has been discredited by empirical research.

“Of course, research never provides ‘the’ answer in a case; and, of course, clinical opinion is sometimes correct. But research does provide ways of correcting biases and testing assumptions. For example, the day-care scandals, from the McMartin case in California to Margaret Kelly Michaels in New Jersey to the Amiraults in Massachusetts, were perpetuated by therapists who testified that children never lie about sexual abuse and aren’t curious about sex unless they have been molested, that masturbation is a sign of sexual abuse and that abuse can be diagnosed by observing how children play with anatomically correct dolls. But each claim has been disproved by research on the cognitive abilities of children, on factors that increase suggestibility, on the normalcy of masturbation and sex play among children and on the way nonabused children play with the dolls….

“The researcher-therapist gap has been institutionalized by the rapid rise of free-standing schools of therapy not connected to university psychology departments. Graduates of these schools typically learn only to do therapy and seldom learn about other areas of psychology relevant to their work – like the limitations of hypnosis, the fallibility of memory or the normal process of suggestion in therapy.”

– From “A Widening Gulf Splits Lab and Couch” by Carol Tavris
in the New York Times (June 21, 1998)

May 11, 2012

“One of the attorneys preparing the appeal brief for Mr. Kelly found a tape of an interview with a child that had been taped over with another interview, but retained the last five minutes. The attorney (described Brenda Toppin’s approach as) ‘not only suggestive, but coercive to the point of brutality. The child’s crying and pleas to stop are met only by Ms. Toppin’s promise to stop when the child said what she wanted to hear’….

“(This discovery) is especially shocking because Officer Toppin denied under oath that she was coercive, suggestive or leading in her interviews.”

– From “What I learned from the Edenton Little Rascals sex abuse trial” by
Moisy Shopper, M.D. (in the peer-reviewed journal Psychoanalytic Inquiry, 2009)

May 9, 2012

“A Question of Innocence: A True Story of False Accusation” by Lawrence D. Spiegel was published in 1986, but this passage – lamenting plea-bargains by those falsely accused of assaulting children – applies exactly to Little Rascals:

“The innocent often fall prey to the waiting hands of the prosecutor and plead guilty to a lesser charge, just to put an end to the ordeal and to the separation from a child.

“Prosecutors, as a result of over-zealousness to protect the child, blind ambition to further a career or a number of other reasons, will do ‘strange’ things for a conviction. It is always to the prosecutor’s benefit to get a guilty plea, even to a lesser charge. Sometimes the prosecutor will wait until the accused is emotionally and financially drained, then the plea bargain offer is made….

“Some falsely accused are so battered and beaten, they accept the humiliation and anger and take the deal. Often this occurs with the consent of the victim’s attorney…. The stigma of the bargain will remain forever.”

May 7, 2012

From an exchange with Stephen Ceci, author (with Maggie Bruck) of the landmark “Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony” (1995):

Q: What may have happened to the child-witnesses as a result of being so profoundly misdiagnosed? One Little Rascals child-witness who responded anonymously to an advertisement I placed in the Edenton paper continues to say she was abused by Bob Kelly, although she admits to doubts about the female defendants.

A: We lack good scientific data on the long-term beliefs of individuals who as children were suggestively interviewed. A handful of studies, none of which resemble allegations of sexual abuse, seem to indicate that they grow up with the belief that they were abused, replete with the same psychological sequelae of true abuse survivors.

But you’ll note I use phrases such as “seem to indicate,” because the data are not uniform or consistent and the scenarios are not sex abuse ones. I think many, perhaps most, memory researchers would expect someone who was convinced as a child that he or she was victimized to grow into an adult with the same problems seen in actual victims, e.g., distrust of authority figures, insecurity, etc..

–

What extreme caution Dr. Ceci, an unsurpassed authority on child abuse, uses not to present theory and speculation as fact…. If only the therapists and theoreticians behind the day-care-abuse mania had shown half the professional uncertainty….

May 4, 2012

“Written reports that contain statements such as ‘The child said that Mr. Bob told them secrets’ are meaningless.

“We need to know whether this was a spontaneous remark, whether this was prompted by an open-ended question (e.g., “What did Mr. Bob tell you?”), or whether this is merely the interviewer’s memory of the gist of a conversation in which the interviewer asked, ‘Did Mr. Bob ask you to keep secrets?’ and the child reluctantly may have replied, ‘Yes.’

“Some summaries of the interviews are written in such a way as to make one believe that children made spontaneous and detailed statements about sexual abuse. However in the few instances where we have transcripts of other interviews, it is clear that the child only responded ‘yes’ or ‘no’ to a barrage of leading questions.”

– From “Jeopardy in the Courtroom: A Scientific Analysis of Children’s
Testimony” by Stephen J. Ceci and Maggie Bruck (1995)

May 2, 2012

“Ironically, the children are indeed being sexually and emotionally abused by the therapists, officials and medical personnel who are supposed to be protecting them, and they often develop long-term symptoms as a result, including anxiety, insecurity, insomnia, nightmares, fear of strangers, depression, rages, obsession with death and suicidal impulses.

“These, of course, are then taken as proof that the original suspected abuse did, indeed, take place.”

– From “Victims of Memory: Sex Abuse Accusations and
Shattered Lives” by Mark Pendergrast (1996)

April 30, 2012

“Prosecutors are reviewing pornographic videotapes seized in Montana…. A man identified as Willard Scott Privott appears wearing a pirate costume in a boat full of children, according to affidavits….

“Several children have testified (during Bob Kelly’s trial) that they were taken on boat trips. One 6-year-old boy testified that the boat was driven by a pirate….

“Bill Hart, an assistant attorney general prosecuting the case, said State Bureau of Investigation agents and Edenton Police Officer Brenda Toppin are reviewing the confiscated material….”

– From an Associated Press dispatch, Nov. 30, 1991

Needless to say, the Montana tape seizure was quickly revealed as a fool’s errand.

But how excited the prosecutors must have been by the prospect of finally finding actual evidence to support their multiplicity of charges!

I e-mailed the Montana stories to Scott Privott, who said that until now he had only heard word-of-mouth accounts.

He remembered Dorene Anna Stearns and David Lee Etheridge as no more than acquaintances in Edenton. “As far as her tales of seeing me in a movie, I wonder how even the state could believe that…. If a movie did exist and she saw it in ’87, why didn’t she report it to authorities back then?”