July 26, 2013

Rereading appellate defender Mark Montgomery’s thunderously compelling brief on behalf of Bob Kelly always delivers something I had either passed over earlier or forgotten. This time it was that

“(Jimmy) and Nancy Smith also declined to have their son Judson evaluated by one of the four therapists who saw the other children. By the time of trial, both Mr. and Ms. Smith had been accused by several children as having participated in the abuse. (One of the child-witnesses) said of Nancy Smith, ‘She’s Miss Betsy’s sister, so she must be mean.’ ”

The Smiths’ close call highlights once again the terrible randomness of the Little Rascals prosecutors’ accusation process.

How challenging the prosecutors’ decision-making must have been: Which child-witness had been adequately manipulated, and which couldn’t be counted on to earnestly describe the sharks, the butcher knives and the dead babies? Which innocent adult was vulnerable, and which might strike jurors as just too unlikely a serial ritual-abuser?

Nancy Smith (Barrow) recalls today that “I had NO idea I had been accused until working with (defense attorneys) Mike Spivey and Jeff Miller for Bob’s trial.  I happened to read some notes from police interviews and saw my name more than once….

“No member of my family – mother, father, Laura, Leslie, or Judson – was ever interviewed by police or prosecutors.  Jimmy and I talked with Brenda Toppin one afternoon in her office.  She only wanted to know about the state of Bob and Betsy’s marriage.”

June 2, 2015

“Psychologist Brian Nosek of the University of Virginia says that the most common and problematic bias in science is ‘motivated reasoning’: We interpret observations to fit a particular idea.

“Psychologists have shown that ‘most of our reasoning is in fact rationalization,’ he says. In other words, we have already made the decision about what to do or to think, and our ‘explanation’ of our reasoning is really a justification for doing what we wanted to do – or to believe – anyway.”

– From “The Trouble With Scientists: How one psychologist is tackling human biases in science” by Philip Ball at Nautilus (May 14)

“Motivated reasoning” ran amok during the “satanic ritual abuse” day-care panic, resulting in journal articles such as “Stress Responses of Children to Sexual Abuse and Ritualistic Abuse in Day Care Centers” and “Satanic Ritual Abuse: A Cause of Multiple Personality Disorder” – and legitimizing testimony by the prosecution’s expert witnesses.

Not surprisingly, Dr. Nosek has found examples of “motivated reasoning” in claims of recovered memory.

“In my intro psych course,” he told me, “I have one lecture that is centered around Lawrence Wright’s fascinating ‘Remembering Satan’….” (about a 1988 case in Olympia, Wash., involving not only SRA allegations but also false confession).

Oct. 24, 2014

“As Middlesex County (Mass.) district attorney, (Martha) Coakley defended the convictions of Fells Acres day-care center operator Violet Amirault and her two children, Gerald Amirault and Cheryl Amirault LeFave. The Amiraults are now widely recognized as victims of the mass national hysteria in the 1980s over supposed child sexual abuse in day care centers….

“In 2000, as the case against the Amiraults had all but collapsed, Coakley opposed the 5-0 decision by the Massachusetts Governor’s Board of Pardons and Paroles to commute Gerald Amirault’s sentence. To this day, Gerald lives with an ankle bracelet and strict probationary conditions, despite a growing number of people who recognize not only that he committed no crime, but that no crime was committed….”

– From “When Prosecutors Seek Higher Office, Questions Often Remain” by defense attorney Harvey Silverglate at Forbes (Oct. 22)

“Coakley… refuses to acknowledge what any rational person should know, that once again (after the Salem witch trials) Massachusetts had indulged in irrational hysteria. Just what we need, a governor who can’t admit she made a mistake….”

– From “Struggling to find the truth behind all the political rhetoric” by Barbara Anderson  in the Eagle-Tribune of North Andover, Mass. (Oct. 19)

At the same time voters in Massachusetts will be be deciding whether to elect Martha Coakley governor, those in the First Judicial District of North Carolina will be deciding whether to elect fellow “satanic ritual abuse” prosecutor Nancy Lamb district attorney. Lamb may share with Coakley not only the inability to “admit she made a mistake,” but also the appetite for higher office.

April 18, 2017

“C’est un reportage accablant sur le système judiciaire américain…. Ce pourrait être simplement l’histoire d’une erreur judiciaire dont aucun système pénal au monde n’est exempt, hélas. C’est bien pire, et correctement annoncé par le titre français : ‘ Un acharnement judiciaire.’ “

– From “Persécution judiciaire” by Guy Baret in Le Figaro (March 25, 1999)

That is:

“[Innocence Lost] is a damning report about the U.S. judicial system…. This could just be the story of a miscarriage of justice of which no criminal justice system in the world is free, unfortunately. It’s much worse, and properly announced by the French title: ‘A judicial harassment’….”

Apparently critic Baret wasn’t the only one in France to look skeptically at “satanic ritual abuse” claims. I haven’t found a single example of a French day-care prosecution during the moral panic.