Oct. 31, 2016

“Historical truths emerge only with time, after which they are ours, particularly on Halloween, to mangle.

“Early on, the Salem witch trials disappeared from the record; a hush descended over 1692 for generations. ‘The People of Salem Do Not Like to Be Questioned in Regard to the Witchery Affair’ reads a Philadelphia Inquirer headline – from 1895. It fell to others to resurrect the ‘witchcraft,’ as the South did during the debate over slavery. Then came Arthur Miller, who made off with the story, or at least a version of it.

“A lush mythology grew up around the trials, one that reassured us that these events took place in a remote land in no way resembling our own. In truth, they are deeply woven into the American fabric. They are more relevant than the lore suggests – our earliest instance of conspiratorial fantasy and reckless demonizing, of the brand of national distemper that grips us in anxious times.”

– From “Five Myths about the Salem witch trials” by Stacy Schiff in the Washington Post (Oct. 30)

Fifteen years ago today: Massachusetts officially exonerates five women hanged as witches in Salem.

Aug. 16, 2013

“Ritual abuse may now seem an almost quaint aberration, a temporary fad that seized the popular imagination, as outdated as hula-hoops or disco fever. But our anxieties about children continue to affect our judgment. When a meta-analysis of research published in Psychological Bulletin (1998) suggested that not all children under the age of 18 were traumatized by having sexual experiences before adulthood, the U.S. House of Representatives passed a resolution condemning the association. Not surprisingly, the popular outcry that led to the Congressional resolution was sparked by talk show celebrity Laura Schlessinger.

“More recently, a book that explored whether overzealous response to fears about children and sexuality are harmful to the youth we seek to protect was published by the University of Minnesota press after trade publishers deemed it too controversial for their lists; Tim Pawlenty, then a state legislator, but who was elected governor of Minnesota in 2002, quickly moved to condemn the publication and the University for publishing it.”

– From “The Devil in the Details: Media Representation of ‘Ritual Abuse’ and Evaluation of Sources” by Barbara Fister in Studies in Media & Information Literacy Education (May 2003)

May 20, 2013

The day-care ritual-abuse era generated a wealth of words, many of which have been cited here. Aside from the epic “Innocence Lost,” however, little video evidence remains.

Just made available on our Bookshelf of Case Materials is the hour-long 1999 CBS documentary “Child Sex Scandals: Modern Day Witch-Hunt?”

Part of correspondent Mike Wallace’s “20th Century” series, it includes basic coverage of the McMartin, LIttle Rascals and Kelly Michaels day-care prosecutions, as well as the closely-akin “recovered memory” movement.

Especially salient are the 30-second comments from key combatants in the opinion arena such as Maggie Bruck, Roland Summit, Elizabeth Loftus, and Mark Pendergrast.

Feb. 8, 2016

“Bob Orr, a former North Carolina Supreme Court justice, says it’s time for a comprehensive outside review of the state agency that oversees lawyers.

“Orr… is part of a committee looking at legal professionalism as part of Chief Justice Mark Martin’s recently launched review of the state justice system….

“The call for evaluation comes amid questions about the bar’s aggressive prosecution of three defense attorneys who have worked on Racial Justice Act (text cache) and innocence inquiry cases….”

– From “Former NC Supreme Court justice calls for review of state bar” by Anne Blythe in the News & Observer (Feb. 6)  (text cache)

Right on, Justice Orr. And thanks to the N&O for its continuing attention to the flagrant self-dealing of the Prosecutors Club, most recently this account (text cache) by Joseph Neff contrasting the bar’s two sets of ethical standards:

“For most of 2015, the North Carolina State Bar vigorously and publicly pressed ethics charges against two anti-death penalty lawyers for what were eventually judged to be unimportant inaccuracies in two sworn affidavits.

“During the same time, the bar privately dismissed complaints that three prominent prosecutors – one running for attorney general, another now a Superior Court judge – used a false affidavit in a racially divisive case that has roiled Winston-Salem for more than a decade….”

I’ve even seen it suggested that the situation demands a separate panel specializing in prosecutorial misconduct (text cache).