Sept. 17, 2014

I’m doubly intrigued by this recent letter to the editor of the Elizabeth City Advance.

First, that an electioneering party official – in Edenton! – would cite the Little Rascals prosecution as an “infamous” example of Nancy Lamb’s failures.

Second, that 10 days after publication not a single correspondent has taken to the pages of the Advance to challenge the point!

Will no one today step forward to justify the state’s longest and costliest trial? To swear continuing allegiance to the credo of “Believe the Children”? To once again praise unreservedly the eight-year crusade Nancy Lamb waged against Bob Kelly?

It’s almost enough to make me think rationality has reclaimed the public mind in Edenton. If so, it took its own sweet time.

Feb. 15, 2016

“(NYU law professor Rachel) Barkow points to Scalia’s (1990) dissent in Maryland v. Craig, where he railed against the court for permitting ‘a child witness to testify via closed circuit television in a sex abuse case,’ instead of requiring the child to testify live in the courtroom where she would be subjected to cross-examination by the defense.

“The Constitution, Scalia wrote, does not authorize judges to ‘conduct a cost-benefit analysis of clear and explicit constitutional guarantees, and then to adjust their meaning to comport with our findings.’ ”

– From “Antonin Scalia’s Other Legacy: He was often a friend of criminal defendants” by Robert Smith at Slate (Feb. 15)

Scalia’s ferocious dissent in Craig in defense of the Sixth Amendment’s “confrontation clause” featured this jugular-seeking missile:

“Because of (the court majority’s) subordination of explicit constitutional text to currently favored public policy, the following scene can be played out in an American courtroom for the first time in two centuries:

“A father whose young daughter has been given over to the exclusive custody of his estranged wife, or a mother whose young son has been taken into custody by the State’s child welfare department, is sentenced to prison for sexual abuse on the basis of testimony by a child the parent has not seen or spoken to for many months, and the guilty verdict is rendered without giving the parent so much as the opportunity to sit in the presence of the child, and to ask, personally or through counsel, ‘It is really not true, is it, that I – your father (or mother) whom you see before you – did these terrible things?’

“Perhaps that is a procedure today’s society desires; perhaps (though I doubt it) it is even a fair procedure; but it is assuredly not a procedure permitted by the Constitution….”

Further on, Scalia cited a 1983 prosecution in Jordan, Minn., that may have been first of the “satanic ritual abuse” wave.

“As children continued to be interviewed,” he wrote, “the list of accused citizens grew….There is no doubt that some sexual abuse took place in Jordan, but there is no reason to believe it was as widespread as charged….”

April 19, 2013

“What can have spurred so many communities to such (ritual abuse) hysteria? The answer may be day care itself. The mothers who report that children never lie are simply unfamiliar with the ways of children. They may also feel guilty about putting their children in day care. A righteous rage against the day-care provider can certainly distract a parent from wondering whether she is doing an adequate job as a mother.”

– From “Believe the children?” by syndicated columnist Mona Charen (October 11, 2003)

Although Charen approaches the subject as a proselytizer for stay-at-home motherhood, less partisan observers also have speculated about the role of day-care guilt.

Dec, 4, 2016

“The testimony [in the Salem witch trials] is full of tall tales, unless you happen to believe – as one woman confessed, having vowed to tell the truth, the whole truth, and nothing but the truth – that she flew on a stick with her church deacon and two others to a satanic baptism, and that she had, the previous Monday, carried her minister’s specter through the air along with her, having earlier conferred in her orchard with a satanic cat….”

– From “The Witches: Salem, 1692” by Stacy Schiff (2015)