Aug. 17, 2014

“I’m not comfortable commenting on any of them at this point in time.”

– Lael Rubin, formerly the lead prosecutor in the McMartin Preschool case, declining to say whether she still thinks the defendants were guilty

 That’s not the only eyebrow-raiser in this recent 30-years-after piece by a Los Angeles TV station.

Rubin contends that “The strongest evidence, the physical evidence, the medical evidence, I think was very significant.” But Kevin Cody, who logged more hours in the courtroom than any other journalist, confirms my impression that the prosecution actually produced “zero medical evidence of abuse.”

Finally, Rubin credits the McMartin case with improvements in the interviewing of children: “The criminal justice system, interviewers and police, law enforcement are much more concerned about eliciting information from children, as opposed to giving them clues.”

This is disingenuous. Like John E. B. Myers, Kee MacFarlane  and Sylvia Gillotte – Rubin tips her hat to progress but refuses to take the logical next step: admitting the injustices issuing from those McMartin-style interrogations.

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Juleyka Lantigua-Williams

May 31, 2016

“A consensus is building around the need to seriously rethink the role of the prosecutor in the administration of justice. Power dynamics are unbalanced, sentencing guidelines are outdated, and old-fashioned human biases persist. And prosecutors – singularly independent agents in a justice system roiling in turmoil – have been facing growing criticism and public distrust for some time, and that disapproval is about to hit a tipping point.

“It’s time to curtail the power long held by these officers of the court as they promote justice, ensure fairness, and enhance public safety.”

– From “Are Prosecutors the Key to Justice Reform?” by Juleyka Lantigua-Williams in the Atlantic (May 18)

Is the North Carolina Bar ready to take the first step toward holding prosecutors accountable?

April 3, 2013

In my fruitless attempt to extract a retraction from the journal Child Abuse & Neglect, I quoted only the abstract of “Sexual Abuse of Children in Day Care Centers” by Susan J. Kelley, Renee Brant and Jill Waterman.

But because the 1993 article continues to be cited in the literature – most recently in the International Journal of Law and Psychiatry – it deserves a more detailed review.

Most offensive to me is the authors’ use of ostensibly sophisticated statistics. For example: “The mean number of different types of sexual acts per child ranged from 5.3 sexual acts per child in (Kathleen Coulborn) Faller’s (1988) sample to 6.6 different types of sexual abuse per child in Kelley’s (1989) study.”

Can’t you just picture the authors’ computers straining under the weight of all their meticulous research? In reality, of course, the “mean number of different types of sexual acts per child” was… zero.

And the anecdotes! What ever were Kelley, Brant and Waterman thinking as their fingers typed such unfounded claims as these:

• “Foreign objects used to penetrate children in day care center cases have included such items and pencils, needles, knives, scissors and crucifixes.”
• “Allegations of pornographic photographs and videos being taken of children in day care center cases sometimes surface…. Unfortunately, in very few cases have law enforcement officials been able to locate the pornography.”
• “Children who have been ritualistically abused describe participation in group ceremonies, use of chants and songs, adults dressed in costumes and masks, threats with supernatural powers….the sacrifice of animals, the ingestion of blood, feces and urine, and murders.”

Despite the authors’ unbridled certitude, they can’t help complaining that “One of the first complications in the evaluation of ritualistic abuse cases is the frequent disbelief and skepticism on the part of the professionals secondary to the bizarre and extreme nature of the allegations.”

“Complications,” indeed.

Gilbert

Feb. 16, 2018

“Eighteen years ago this month, Peter Ellis left prison. He ought never to have been there in the first place.

“[In 1993] Ellis was convicted of child abuse at the Christchurch Civic Crèche. It remains one of New Zealand’s most controversial cases, and one [New Zealand’s] proposed Criminal Cases Review Commission would do well to address.

“If all the allegations were to be believed, Ellis was involved in making children dance naked while some were placed in an oven or suspended in a cage. Others were buried alive, and one child was forced to kill another. One unfortunate lad was turned into a frog and a cat. Needless to say the evidence for these events was not strong…”

– From “Peter Ellis martyr to deranged prejudice” by Jarrod Gilbert in the New Zealand Herald (Feb. 8)

The first allegations against Peter Ellis occurred shortly after a nearby Ritual Abuse Workshop. What a coincidence – the first allegations against Bob Kelly occurred shortly after a
nearby day-care sex abuse seminar….