May 23, 2012

Experienced trial lawyers can’t afford to dwell on lost cases. Sometimes that’s quite a challenge:

“Robert Fulton Kelly…. was the most innocent man I have ever defended and the most victimized criminal defendant in the state’s history. He taught me that under certain circumstances madness can rule the day and overcome everything that is right and just.”

– Gerald Beaver (North Carolina Lawyers Weekly, 2010)

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.

June 18, 2018

“Ted Cross, a senior research specialist at the University of Illinois School of Social Work, [said] separation of the two interventions – forensic and therapeutic – is critical for the child, but is also important for practical reasons: ‘You don’t want the therapeutic work to taint a criminal investigation. If a child is in therapy at the same time that the forensic interview takes place, the attorney representing the offender can say the therapist planted the idea of abuse in the child’s head.’.

“This point is of particular importance in the wake of high-profile cases such as the McMartin Preschool trial during the 1980s, in which therapists’ interviewing techniques were so suggestive that the children falsely accused their teachers of abuse….”

– From “How to Build a Space to Support Abused Children” by Mimi Kirk at Atlantic Cities (March 29)

Did the Little Rascals therapists offer children any therapy at all? What do you think?

Feb. 11, 2013

“After reading a number of these interviews (of children) in the Wee Care (Kelly Michaels) case, it is difficult to believe that adults charged with the care and protection of young children would be allowed to use the vocabulary that they used in these interviews, that they would be allowed to interact with the children in such sexually explicit ways, or that they would be allowed to bully and frighten their child witnesses in such a shocking manner. No amount of evidence that sexual abuse had actually occurred could ever justify the use of these techniques especially with three- and four-year-old children.

“Above and beyond the great stress, intimidation, and embarrassment that many of the children so obviously suffered during the interviews, we are deeply concerned about the long-lasting harmful effects of persuading children that they have been horribly sexually and physically abused, when in fact there may have been no abuse until the interviews began….”

– From an amicus curiae brief to the Appellate Court of New Jersey from Stephen Ceci and Maggie Bruck on behalf of the 46-member Committee of Concerned Social Scientists (1994)