Feb. 26, 2016

“What a waste it would be to force Bucks County (Pa.) Judge Alan Rubenstein from the bench. At 70, he remains sharp and vibrant, a jurist of impeccable credentials with vast institutional knowledge of Bucks County, not to mention historic accomplishments.

“As district attorney, Rubenstein tried more cases than any prosecutor in county history. And he was the only county DA to be elected four times, a measure of how well he did the job and how much voters trusted and appreciated him. Indeed, they rewarded him with a seat on the county bench, a post Rubenstein continues to relish and is in no hurry to relinquish.

“Yet, Rubenstein and every judge across the state faces mandatory retirement at age 70… unless voters extend the mandatory retirement age (to 75)….”

– From “Sound judgment: Too soon to retire,” editorial in the Bucks County Courier Times (Feb. 23) cached here

“No tribute to Judge Alan Rubenstein is complete without mentioning his wise and courageous decision not to pursue charges in the Breezy Point Day School case in 1990…. Countless other prosecutors across the nation fell hard for the ‘satanic ritual abuse’ moral panic, but Judge Rubenstein kept his head, investigated thoroughly and protected Bucks County from the nightmare that befell towns such as Manhattan Beach, Calif., and Edenton, N.C.”

— From my letter to the editor of the Courier Times (Feb. 26)

Unless Pennsylvania voters approve that referendum on the April 26 ballot, Rubenstein’s valuable service will be limited to fill-in duty.

Some septuagenarian judges, of course, should stay retired.

June 15, 2014

“Andrew Junior Chandler has been unjustly incarcerated in a North Carolina prison for 27 years, charged with a crime that almost surely never happened….

“Let’s hope that Gov. Pat McCrory will review the mistaken judgment of his misnamed ‘clemency office’ and correct this stain on the reputation of North Carolina justice.”

–From “Mass hysteria of sexual, satanic ritual abuse and a miscarriage of NC justice” by Dr. Allen Frances in the Raleigh News & Observer (June 15) text cache

Dr. Frances, professor emeritus of psychiatry at Duke University, once again steps forward to take responsibility for therapy’s Dark Ages, this time in the newspaper read daily by those state officials who have refused to grant relief to Junior Chandler.

May 24, 2013

“The research described is a study of a clinical sample of 72 women who allegedly sexually abused 332 children. The Sample is examined from a variety of perspectives, including whether the abuse was intrafamilial (n = 33), extrafamilial (n = 18), or both (n = 21); and whether the abuse involved multiple intrafamilial offenders (n = 33), a solo intrafamilial offender (n = 17), multiple extrafamilial offenders (n = 16), or solo extrafamilial offenders (n = 6). Social situational factors and individual deficits – mental illness (n = 23), mental retardation (n = 16), substance abuse (n = 37), and other maltreatment of their children (n = 61) that might lead women to sexually abuse children – are examined. Case outcomes, including the number of confessions (n = 49), criminal prosecution (n = 3), and protection of victims (n = 44) are described.”

– From “A Clinical Sample of Women Who Have Sexually Abused Children” (abstract) by Kathleen Coulborn Faller in the Journal of Child Sexual Abuse (Vol. 4, Issue 3, 1996)

Yes, I am endlessly appalled by the ornateness of the statistical sham woven by the likes of Kathleen Faller, Susan J. Kelley and David Finkelhor.

What ever could Faller have been thinking as she wrote the words “72 women who allegedly sexually abused 332 children”? Surely she knew the historical absurdity of those numbers.

Did she simply choose to be oblivious? Or was she swallowed up by something more powerful than rationality?

Jan. 29, 2016

“The release last month of ‘Making a Murderer’ capped a year in which popular culture’s portrayal of the criminal justice system seems to have shifted. Out with the old tropes about truth-seeking investigators and tidy resolutions; in with the disquieting, dysfunctional reality of many courtrooms and police stations….

“Yes, post-conviction DNA testing and the work of Innocence Projects around the country have exonerated more than 1,700 defendants. Those cases heighten awareness of potential errors and demonstrate that wrongful convictions happen. But Americans shouldn’t expect certainty about innocence. Sometimes the focus on finding new evidence to exonerate distracts from the question of whether the old evidence proved guilt….

Read more here. Cached here.

“Fewer than 70,000 federal felonies are prosecuted each year, while roughly 2.5 million felonies proceed through the state courts. Many state cases involve near-simultaneous investigation and prosecution. One rarely finds out ‘what really happened.’

“The prosecutor in Avery’s trial argued in his closing statement that ‘reasonable doubts are for innocent people.’ They are not. And procedural protections like access to defense counsel and freedom from coerced interrogations extend to both the innocent and the guilty. The real contribution of these documentaries is not to ask ‘whodunit’ but to reveal what was done to defendants….

“The United States criminal justice system needs fewer guilt-assuming interrogation tactics, more disclosure of potentially exculpatory information to the defense, expanded oversight units within prosecutors’ offices to investigate potential miscarriages of justice and fuller appellate scrutiny of convictions.

“The moment is ripe for reform, culturally and politically….”

– From by “ ‘Making a Murderer’ Is About Justice, Not Truth” by Lisa Kern Griffin, Duke Law professor and former federal prosecutor, in the New York Times (Jan. 12)

Will this heightened skepticism about the nation’s justice system ever trickle down to exonerate the Edenton Seven and free Junior Chandler?